JUDGMENT :

Heard Mr. M. Hussain, learned counsel for the petitioner; Mr. K. Gogoi, learned Central Government Counsel & Additional Senior Government Advocate, Assam for the respondent nos. 1, 2, 4, 5, 6 & 7; and Ms. P.R. Mahanta, learned Standing Counsel, Revenue [Relief and Rehabilitation] & Disaster Management Department [General] for the respondent no. 3.

2. The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the respondent authorities to disburse financial assistance/ex-gratia/compensation in terms of the Notification bearing no. RGR.386/2010/51 dated 27.07.2011 of the Revenue & Disaster Management [General] Department, Government of Assam; the Notification bearing no. 32-7/2014-NDM-I dated 08.04.2015 of the Ministry of Home Affairs [Disaster Management Division], Government of India; and the letter bearing no. RGR. 611/2015/Pt./12 dated 02.05.2015 of the Revenue and Disaster Management [General] Department, Government of Assam.

3. The case of the petitioner, projected in this writ petition, can be narrated, in brief, as follows : The petitioner is a permanent inhabitant of Village – Nayeralga Part-III, Police Station – Bilasipara, District – Dhubri. At around 03-00 p.m. on 21.09.2019, the son of the petitioner viz. Ebrahim Kholilullah [the victim], aged about 7 years, left the house to play near the bank of Gaurang river and he was found missing since then. Though a search was made for him, the petitioner and his family members came to learn that the victim fell down in the water of Gaurang river. In connection with the incident, the petitioner’s brother viz. Amir Chand Mondal lodged a First Information Report [FIR] before the Officer In-Charge, Bilasipara Police Station on 21.09.2019. On receipt of the FIR, a case of unnatural death being Bilasipara Police Station U.D. Case no. 21/2019, was registered. In the course of investigation, the police personnel from Bilasipara Police Station recovered the dead body of the victim on 25.09.2019 from a paddy field at village – Salmari under Fakirganj Police Station, District – Dhubri, which was at a distance of 12 K.M. South of Village – Nayeralga Part-III. After recovery of the dead body of the victim, the Post Mortem Examination [PME] on the body of the victim was performed on 26.09.2019 at the Civil Hospital, Dhubri. As per the PME Report, the cause of death was due to asphyxia as a result of drowning. On 17.07.2021, the Officer In-Charge, Bilasipara Police Station issued a detailed Police Report recording the fact that the victim died on 21.09.2019 as a result of drowning as the victim fell down in the water of a deep canal of Gaurang River during the period of flood. On an application being filed, the Sub-Divisional Officer [Civil], Bilasipara issued a Next of Kin [NoK] certificate on 03.02.2020 reporting that [i] the petitioner as the victim’s father; [ii] Ruksana Guljar as the victim’s mother; and [iii] Eakub Ali as the victim’s brother, are the Next of Kins [NoKs] of the victim.

4. On the afore-said premise, the petitioner has preferred this writ petition to disburse financial assistance/ex-gratia/compensation in terms of the policies formulated by the State respondents, notified by the Notifications, dated 27.07.2011 and dated 08.04.2015, and the letter dated 02.05.2015 mentioned above.

5. The respondent no. 3 and the respondent no. 4 have filed their respective counter affidavit putting forth their versions.

6. In the counter-affidavit filed by the respondent no. 3, it has been averred that there has to be a report in the form of daily flood report of the Assam State Disaster Management Authority but the office of the respondent no. 4 did not receive any information of any report of flood on 21.09.2019 and, as such, the case of the petitioner does not come under Item 1[a] of the revised list of items & norms of assistance from the State Disaster Response Fund [SDRF]/National Disaster Response