IN THE HIGH COURT OF GAUHATI
Ajit Singh, Achintya Malla Bujor Barua, JJ.
State of Assam and Ors. - Appellants
Vs.
Relief Families Welfare Service Society and Ors. - Respondents
IA(C) No. 1243 of 2017
Decided On : 26-07-2018
Disaster Management Act, 2005 – Claim of compensation - Condoning delay - Assessment that members - Interlocutory application for condoning delay of 297 days in preferring accompanying writ appeal - Respondents herein had preferred a writ petition being WP(C) No inter alia praying for setting aside order of Principal Secretary to Govt. of Assam in Revenue and Disaster Management Department a decision was taken that in respect of such families affected in ethnic violence and who had returned back to their respective homes after normalcy had prevailed are entitled to a compensation of Rs per family and their claims for enhancement of relief grant from Rs per family were rejected and relief for a direction to respondent authorities to enhance rehabilitation grant to Rs per family was also made - Held, - Supreme Court it has been provided that delay should not be condoned unless authorities have a reasonable and acceptable explanation for delay and that there was a bona fide effort on their part and in instant case conduct of Departmental Authorities clearly indicates a bona fide effort on their part and also explanation for delay caused in office of Government Advocate - Appears to be reasonable and acceptable and in such view of matter Court are of view that delay of days in preferring appeal is required to be condoned in interest of justice and accordingly delay stands condoned and Registry is directed to register accompanying appeal and place it for consideration at an appropriate date to be fixed for purpose and in terms of above - Application allowed
Achintya Malla Bujor Barua, J.
1. Heard Mr. D. Saikia, learned Senior Additional Advocate General Assam for the applicant. Also heard Mr. M. Sarania, learned counsel for the respondents. This is an interlocutory application for condoning the delay of 297 days in preferring the accompanying writ appeal.
2. The respondents herein had preferred a writ petition being WP(C) No. 5324/2012, inter alia, praying for setting aside the order dated 31.03.2011 of the Principal Secretary to the Govt. of Assam, in the Revenue and Disaster Management Department, wherein a decision was taken that in respect of such families affected in the ethnic violence of 1993, 1996 and 1998 and who had returned back to their respective homes after normalcy had prevailed are entitled to a compensation of Rs. 10,000/- per family and their claims for enhancement of the relief grant from Rs. 10,000/- to Rs. 50,000/- per family were rejected. Further relief for a direction to the respondent authorities to enhance the rehabilitation grant to Rs. 40,000/- per family was also made.
3. The State Government authorities in the response thereof took the stand that a categorization was made between the families, who were required to continue to live in the relief camps organized for the purpose, as they could not return back to their homes and such other families, who upon returning of normalcy had returned back to their respective homes. In respect of the first category of families who could not return to their homes, an amount of Rs. 50,000/- was paid as full and final relief grant, whereas the families who could return back to their homes upon returning of normalcy were paid an amount of Rs. 10,000/-. Accordingly, it was the contention of the State authorities that the families who were represented by the respondent society belongs to the category of families who could return back to their respective homes, and, therefore, the relevant grant to them was Rs. 10,000/- per family.
4. The learned Single Judge by the Judgment and Order dated 16.07.2015 arrived at a conclusion that the officials of the Forest and Revenue Department had made an assessment that the members of the respondent society had suffered damages which were quantified at a rate above Rs. 50,000/- per family and secondly, the provision for compensation for the loss that may be suffered on account of destruction of property due to man made causes, having been provided under the Disaster Management Act of 2005, the order dated 31.03.2011 of the Department of Revenue and Disaster Management was not sustainable and that the members of the respondent society are entitled to a compensation up to a maximum of Rs. 50,000/- per family after adjusting the amounts already paid.
5. The State Government authorities in the Revenue and Disaster Management Department being aggrieved by the said Judgment and Order dated 16.07.2015 has preferred the accompanying writ appeal. But in preferring the writ appeal, there is a delay of 397 days for which the instant interlocutory application for condoning the delay has been preferred.
6. In the interlocutory application, an order dated 09.05.2018 was passed requiring the State Government authorities to file an additional affidavit in support of the application for condonation of delay, stating in detail as to how the authorities had processed the matter leading to the filing of the writ appeal. Consequent thereof, an additional affidavit dated 02.06.2018 was filed. In the additional affidavit at paragraph 13, it is stated that the Revenue and Disaster Management Department had received the copy of the Judgment and Order dated 16.07.2015 on 12.08.2015. Immediately upon receipt of the Judgment and Order, the officials of the Department conferred with some of the officials, who were handling the matters of providing relief and rehabilitation to the affected families of the years, 1996 and 1998 and had retired in the meantime. Such consultation, according to the Department was re
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