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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Safiya Khatun W/O Ashek Ali – Appellant
Versus
State Of Assam Represented By The Chief Secretary – Respondent
| Table of Content |
|---|
| 1. overview of facts and claims regarding ex-gratia compensation for accidental death. (Para 1 , 2 , 3 , 4) |
| 2. adversarial arguments concerning causality between death and natural calamity. (Para 5 , 7) |
| 3. interpretation of sdrf guidelines limiting relief to specific natural calamities. (Para 8 , 9 , 10 , 11) |
| 4. application of sdrf norms; causality not established; dismissal of petition. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. G. U. Ahmed, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned State Counsel for respondent Nos. 1 & 4 to 7 and Ms. G. Hazarika, learned Standing Counsel, Revenue Department, for respondent No. 2.
2. By filing this petition, the petitioner claims rehabilitation grant/compensation/financial assistance in terms of the notification dated 27.07.2011 issued by the Government of Assam, Revenue and Disaster Management Department, a guideline/policy providing, immediate relief to victims of cyclone, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloudburst and pest attack, on account of the death of her granddaughter, Late Afrina Begum, who died due to drowning.
3. The case in brief is tha
Ex-gratia compensation under disaster response fund guidelines is strictly limited to deaths directly caused by specified natural calamities. An accidental death, such as drowning in a pond, does not....
Notification revising ex-gratia compensation applies only prospectively; incidents occurring prior are governed by earlier regulations.
Petitioners are entitled to ex-gratia compensation of Rs.1,50,000 for the death of Krushna Chandra Mallik, as rejection of the claim based on rainfall criteria was found arbitrary and unreasonable.
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