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 qualify for such relief unless a direct nexus with a notified natural calamity is established.

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 that information was received on 03.09.2024 at around 6:00 PM from an unknown person of village Owana, Rupahihat, Nagaon, by the police that a two-year-old baby girl had died due to drowning. On enquiry, it was found that at around 3:00 PM, Late Afrina Begum, aged about two years, daughter of Ruhul Amin of village Owana, Police Station Rupahihat, District Nagaon, had died after falling into a pond while she was playing. Thereafter, necessary inquest was conducted and post-mortem examination was carried out, wherein the cause of death was opined to be asphyxia as a result of drowning.

4. The present petitioner is the grandmother of the deceased Late Afrina Begum. The petitioner contends that since her late granddaughter had died in the pond due to onslaught of thunderstorm and flood, she is entitled to be provided the rehabilitation grant as per the policy of the State. The petitioner claims to be a very poor lady having no one to look after her and she has been suffering from financial difficulties and the respondent authorities are duty bound to extend financial help to the family of the victim who had died due to drowning during flood. The petitioner had submitted a representation on 18.12.2024 before the Deputy Commissioner, Nagaon, praying for financial assistance against the unnatural death of her granddaughter as she had died due to drowning during the flood. However, the respondent authorities have failed to consider the petitioner’s genuine grievance for financial grant.

5. Mr. G. U. Ahmed, learned counsel for the petitioner, while referring to the notification dated 27.07.2011, which provides immediate relief to victims of cyclone, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloudburst and pest attack, submits that a sum of Rs. 4,00,000/- (Rupees Four Lakhs only) per deceased is payable as ex-gratia compensation to the families of deceased persons. He submits that the granddaughter of the petitioner, who was about three years old, had died due to drowning in a pond during thunderstorm and flood, therefore the petitioner is entitled to the aforesaid amount of Rs. 4,00,000/- (Rupees Four Lakhs only) as ex-gratia payment under the said notification. Accordingly, it is prayed that the respondent authorities be directed to grant ex-gratia payment of Rs. 4,00,000/- (Rupees Four Lakhs only) to the petitioner. In support of his submissions, the learned counsel, Mr. Ahmed, has referred to the certificate of the Officer-in- Charge, Rupahihat Police Station, as well as the post-mortem examination report, which state that the deceased granddaughter of the petitioner died due to drowning and that the cause of death was asphyxia as a result of drowning. 6. On the other hand, Mr. N. Goswami, learned State Counsel, and Ms. G. Haza