BAHA MURMU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri S.I. Akand, learned counsel for the petitioner. Also heard Shri I. Borthakur, learned Standing Counsel, Forest Department and Shri N. Goswami, learned Government Advocate, Assam.

(2.) The approach to this Court by the petitioner is with a claim for ex gratia / compensation in terms of a Government notification dtd. 6/3/2017. As per the facts projected, the husband of the petitioner, namely, Late Jhade Tudu @ Dhade Tudu was attacked by a wild elephant in his house on 1/1/2022 at about 01:00 AM, as a result of which, he had expired. The matter was reported to the Police and Bishmuri Police Outpost GDE No. 20 was registered on 2/1/2022 and subsequently, Kokrajhar PSUD Case No. 1/2022 was also registered. As a Notification dtd. 6/3/2017 for payment of ex gratia was in operation, the petitioner had applied for such ex gratia which was not acted upon and therefore, the present writ petition was instituted.

(3.) Shri Akand, learned counsel for the petitioner has submitted that the notification which was published on the Gazette on 6/3/2017, prescribes for ex gratia payment to families of deceased persons @ Rs.4,00,000.00. He has submitted that the said notification is for loss of human life and injuries including damage to crops and properties caused by wild animals. He submits that the inaction on the part of the respondent authorities in spite of being eligible for such ex gratia amounts to illegality and therefore, this Court may issue appropriate direction for release of such payment.