GAHC010225652025 2025:GAU-AS:15803

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5962/2025

LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL

HEALTH

TEZPUR, AN AUTONOMOUS SOCIETY UNDER THE MINISTRY OF HEALTH

AND FAMILY WELLFARE, GOVT. OF INDIA, REPRESENTED BY ITS

DIRECTOR, TEZPUR, ASSAM, PIN- 784001

VERSUS

M/S GREEN ALLIANCE ENGINEERING SERVICES PVT LTD AND 3 ORS

(THROUGH ITS MANAGING DIRECTOR/AUTHORIZED REPRESENTATIVE)

OFF ADD- C-326, 2ND FLOOR, VIKAS PURI, NEW DELHI- 110018

CORPORATE OFFICE AT G2-4, VARDHMAN CHAMBERS VIKAS PURI, NEW

DELHI- 110018

2:THE DELHI INTERNATIONAL ARBITRATION CENTRE (DIAC)

REPRESENTED BY ITS DIRECTOR/SECRETARY DELHI INTERNATIONAL

ARBITRATION CENTRE

DELHI HIGH COURT CAMPUS SHERSHAH ROAD

NEW DELHI- 110503

3:PUNEET TANEJA

SR.. ADVOCATE

CHAMBER-21

LAWYERS CHAMBER

DELHI HIGH COURT NEW DELHI- 110003

PH-011-23387390

4:MICRO AND SMALL ENTERPRISE FACILITATION COUNCIL

REPRESENTED BY THE HONBLE CHAIRPERSON

MSEF COUNCIL DISTRICT (WEST)

PLOT NO.3

SHIVAJI PLACE RAJA GARDEN

NEW DELHI- 11002 Advocate for the Petitioner : MR. A K DUTTA, SC, L G B R I M H Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 18.11.2025 Heard Mr. S.I. Akand, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the respondent no. 1; Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 – 6; and Mr. B.

Das, learned Standing Counsel, APDCL for the respondent no. 7.

2. The petitioner as the father of one Sahanur Ali has instituted the present writ petition under Article 226 of the Constitution of India seeking a direction to the respondent authorities for disbursement of ex-gratia relief in terms of a Notification bearing no. RR.33/2014/66 dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam, which has specified for ex-gratia amount to the Next-of-Kin [NoK] of the person killed due to accident in a public place or public carriers [other than killed by extremists/terrorists/miscreants and due to firing of security forces].

3. According to the petitioner, his son, Sahanur Ali was cleaning and washing a vehicle [dumper] bearing registration no. AS-01/JC-9921, as he was employed as the handyman/cleaner. The dumper was parked by its driver on Baulagog Pomakuchi Road at Village – Baulagog, P.O. Amguri, P.S. Baithalangso, District – West Karbi Anglong, Assam on 08.01.2019. While cleaning and washing at around 08-30 a.m. to 09.30 a.m., Sahanur Ali lifted up the top of the vehicle to clean the same and at that point of time, the lifted part of the dumper touched one 11 K.V. electricity transmission line above. As a result, the dumper got electrocuted and Sahanur Ali, who was inside the dumper, died instantaneously on the spot due to electrocution. When the post-mortem examination on the deadbody of Sahanur Ali was performed at Morigaon Civil Hospital, it was opined that the cause of death was due to cardio respiratory failure as a result of electrocution. In connection with the death of Sahanur Ali, general diary entries vide Ulukunchi Police Out Post General Diary Entry nos. 108 and 124 were registered on 08.01.2019 and thereafter, a case for unnatural death was registered at Baithalangshu Police Station as U.D. Case no. 02/2019 on 09.01.2019. From the contents of the General Diary Entry no. 125, it was revealed during investigation that the vehicle [dumper] was being washed by Sahanur Ali, its Handyman. After completing washing of the inside of the dumper, Sahanur Ali lifted the body of the dumper in order to wash the outer body of the dumper. At that time, the lifted body part of the dumper came into direct contact with the overhead electricity transmission line. As a result, Sahanur Ali, who was inside the dumper died due to electrocution.

4. The Notification dated 15.11.2014 had provided for ex-gratia relief mainly to persons, who were killed / injured d