RUPWATI BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. D. Gogoi, learned Standing counsel, Forest Department for all the respondents.

(2.) This writ petition under Article 226 of the Constitution of India has been filed seeking a direction to the respondent authorities in the Environment and Forest Department, Government of Assam to grant the ex-gratia amount for death of the husband of the petitioner caused due to attack by a herd of wild elephants and also for damage to the hut and the paddy field belonging to the family of the petitioner in terms of the Notification dated 06.03.2017 of the Environment and Forest Department, Government of Assam.

(3.) The case of the petitioner is that the family of the petitioner resides in Village - Dakhin Ghilabari under the jurisdiction of Boko Police Station, District - Kamrup (Rural). In the wee hours of 23.04.2015, at about 3-00 a.m., a herd of wild elephants coming out of the nearby reserved forest, entered the Village - Dakhin Ghilabari. After so entering, the herd attacked the hut of the petitioner. As a result of the said attack, the husband of the petitioner viz. Garasan Boro sustained grievous injuries and damage was also caused to the crops and the hut belonging to the family of the petitioner. The husband of the petitioner, Garasan Boro breathed his last on the way when he was being taken to the hospital for treatment. In respect of the said incident of death, an unnatural death case being U.D. Case no. 12/2015 was registered in Boko Police Station on 23.04.2015. After enquiry, a report vide Police Report dated 16.05.2015 (Annexure-1) was also issued by the Officer In-Charge, Boko Police Station. It was reported therein that on enquiry, it was found that Garasan Boro sustained injuries because of the attack by a wild elephant while he was in his house and he expired while he was being taken to the hospital for treatment subsequent to the said attack. The Death Certificate issued on 15.05.2015 (Annexure-2) recorded the date of death of Garasan Boro as 23.04.2015. Late Garasan Boro, at the time of his death, left behind the petitioner, two daughters and a son.