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2024 Supreme(Pat) 901

IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No. 3081 of 2018
(12.11.2024)
Ganga Mandal & Ors. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioners: M/s Rajeev Lochan, Pawan Kumar Chaudhary.
For the State : Mr. Md. Khurshid Alam-AAG-12.

Headnote:

Constitution of India – Article 226 – Petition for payment of compensation as per guidelines, issued by Disaster Management Department, Government of Bihar, in view of damage caused to residential houses as well as household articles, due to widespread fire – All houses are mud houses and have been completely damaged on account of fire which had engulfed village – Compensation in lieu of and to the extent of damage caused on account of the incident has already stood paid to petitioners by respondent officials, nonetheless various enquiry reports, depicting varying findings about the extent of damage caused to houses of petitioners as also regarding type of houses of petitioners are on record – Present case involves disputed question of facts which cannot be adjudicated in a writ petition under Article 226 – Respondents have paid adequate compensation to petitioners – Writ Petition dismissed. (Paras 8, 9 and 11)

Mohit Kumar Shah, J.—The present writ petition has been filed by the petitioners, for payment of compensation to them as per the guidelines, issued by the Disaster Management Department, Government of Bihar, Patna, in view of the damage caused to their residential houses as well as household articles, due to widespread fire. The petitioners have further prayed for quashing of the enquiry report of the Circle Officer, Baheri, Darbhanga whereby and whereunder recommendation has been made for payment of compensation on the basis of enquiry conducted after lapse of a year of the incident in question.

2. The brief facts of the case, according to the petitioners, are that on 12.04.2016, at about 11 a.m. widespread fire had engulfed the houses situated at village-Rupauliya, P.O.- Khangraitha, P.S. -Baheri, District-Darbhanga, leading to the residential houses of altogether 95 families, including the petitioners, being fully damaged and destroyed. On the same day, the matter was enquired into by the Revenue Karmchari and he had submitted a report dated 12.04.2016, before the Circle Officer, Baheri, Dist.-Darbhanga, inter alia stating therein that the residential kachcha houses (mud houses) of 95 families have been completely burnt, hence ex gratia payment can be paid to them. It is further stated by the petitioners that all the affected families, including the petitioners were given a sum of Rs.6000/- (Rs.3000/- for food grains & Rs.3000/- ex gratia amount) per family along with polythene for construction of shed and subsequently, after about 8-10 months of the said incident, a sum of Rs.3800/- per family was also paid as relief amount for clothing and utensils. The petitioners are also stated to have lodged a sanha on 13.04.2016 at the Baheri Police Station, however, no FIR was registered.

3. The learned counsel for the petitioners has contended that apart from the aforesaid amount paid to the petitioners, no further compensation had been paid in lieu of complete damage of the houses of the petitioners on account of the fire which had broken out in the village on 12.04.2016, hence the affected families had resorted to agitation, whereafter the Sub-Divisional Officer, Sadar, Darbhanga had vide order dt. 28.03.2017, constituted an enquiry team comprising of eight officials, for the purposes of assessing the damage caused to the houses of the said affected families due to fire which had broken out in the village.

4. The enquiry committee, under the signature of the Circle Officer, Baheri, had submitted a report dated 07.04.2017 wherein the following factual findings were arrived at:—

(i) Cases where b±V [kijSy (brick and straw) houses have been partially burnt:—

Petitioners no.1, 3 to 6, 9 to 11, 14, 18, 20, 21, 25 and 26

(ii) Cases where huts have been completely burnt:—

Petitioners no.15 to 17, 19, 23 and 24.

(iii) Cases where straw houses have been completely burnt:—

Petitioners no. 12 and 22

(iv) Case where pucca (brick) house has been partially damaged:—

Petitioner no.2.

5. It is next submitted by the learned counsel for the petitioners that in view of the aforesaid recommendation dated 07.04.2017, made by the Circle Officer, Baheri, affected families, including the petitioners have though been paid some amount of compensation, however, the same is not in consonance with the guidelines issues by the Principal Secretary, Disaster Management Department, Government of Bihar, Patna, contained in letter dated 26.05.2015, relevant portion whereof is reproduced hereinbelow:—

6. Lastly, it is submitted by the learned counsel appearing for the petitioners that the petitioners are entitled to get compensation @ of Rs. 95,100/- each, in view of the aforesaid guidelines issued by the Disaster Management Department, Government of Bihar, Patna and in light of the report submitted by the Revenue Karmchari dated 12.04.2016.

7. Per contra, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case

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