Smt. Kalpana Deka and Anr v. The State of Assam and 4 Ors

PageoNo.#o1/4 GAHC010151312022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5303/2022o SMT.oKALPANAoDEKAoANDoANR.o W/O.oLT.oKAMALESWARoDEKA, 2:oHIRAKoJYOTIoDEKA oBOTHoAREoTHEoRESIDENTSoOFoVILL.oBAMA oP.O.oKARARA oP.S.oBAIHATAoCHARIALI oDIST.oKAMRUPo(R) oASSAM oPIN-781381o VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHOMEoANDo POLITICALoDEPTT.,oDISPUR,oGUWAHATI-781006. 2:THEoASSAMoSTATEoLEGALoSERVICESoAUTHORITY oREP.oBYoITSoMEMBER/SECRETARY oBEHINDoGAUHATIoHIGHoCOURTo(NEWoBUILDING) oLATASIL oGUWAHATI oDIST.oKAMRUPo(M) oASSAM oPIN-781001. 3:THEoCHAIRMAN oDIST.oLEGALoSERVICESoAUTHORITY oKAMRUPo(R) oAToAMINGAON oP.O.oAMINGAON oP.S.oNORTHoGUWAHATI Page No.# 2/4 DIST. KAMRUP (R) ASSAM PIN-781031. 4:THE DIST. LEGAL SERVICES AUTHORITY KAMRUP (R) AT AMINGAON REP. BY ITS MEMBER/SECY. P.O. AMINGAON P.S. NORTH GUWAHATI DIST. KAMRUP (R) ASSAM PIN-781031. 5:THE OFFICER IN CHARGE BAIHATA CHARIALI POLICE STATION DIST. KAMRUP (R) ASSAM PIN-781381 For the Petitioner(s) : Mr. S. I. Akand, Advocate

For the Respondent(s) : Ms. R. S. Choudhury, Advocate

- B E F O R

E - HON'BLE MR. JUSTICE DEVASHIS BARUAH

09.09.2024

The instant writ petition has been filed challenging the inaction on the part of the Respondent Authorities to grant compensation to the Petitioners in terms with the Assam Victim Compensation Scheme, 2012 (hereinafter referred to as "the Scheme of 2012") as well as the notifications issued on 18.10.2012 and 01.02.2019.

¶2The Petitioner No.1 herein claims to be the wife of one Kamaleswar Deka (since deceased) and the Petitioner No.2 is the son of Late Kamaleswar Deka. As stated in the writ petition, Late Kamaleswar Deka Page No.# 3/4 was murdered on 14.10.2015. In that respect, a case was registered being Baihata Chariali P.S. Case No.263/2015 under Section 302 of the Indian Penal Code.

¶3The Petitioner No.1 thereupon filed an application on 28.10.2021 before the Member/Secretary, District Legal Services Authority, Kamrup (Rural) at Amingaon, Assam stating inter alia the incident which led to the death of her husband and the fact that the entire family has been suffering financially as well as mentally and thereby seeking financial assistance for the purpose of rehabilitation, survival for the victim's family members. However as nothing was done thereafter, the Petitioners have therefore approached this Court under Article 226 of the Constitution seeking a direction upon the Respondent Authorities to grant compensation to the Petitioners as per the Scheme of 2012.

¶4This Court has duly perused the materials on record and also taken note of the respective submissions of the learned counsels. This Court have also duly taken note of the Scheme of 2012 and more particular to Clause 4 and 5 of the said Scheme which stipulates eligibility for compensation as well as the procedure for grant of compensation. On the basis of the facts as mentioned in the writ petition, it appears that the Petitioners would come within the ambit of Clause 4.1 of the Scheme of 2012.

¶5This Court also finds it relevant to observe that the detail procedure has been set out in Clause No.5. This Court further finds it relevant to take note of the notification dated 01.02.2019 wherein the minimum compensation to be paid is Rs.5,00,000/- (Five Lakhs) on account of death. Under such circumstances, this Court therefore disposes of the Page No.# 4/4 instant writ petition directing the Respondent No.4 i.e. the District Legal Services Authority, Kamrup (Rural) at Amingaon to pass an award in terms with Clause 5 of the Scheme of 2012 as well as the notification dated 01.02.2019. The said exercise be completed within a period of 2

(two) months from the date a certified copy of this order is served upon the Respondent No.4. The Respondent No.1 also be communicated with the award forthwith by the Respondent No.4.

¶6This Court further directs the Commissioner and Secretary to the Government of Assam, Home and Political Department to release the funds on the basis of the award passed by the Respondent No.4 within a period of 2 (two) months from the date the award is communicated to the Commissioner and Secretary to the Government of Assam, Home and Political Department by the Respondent No.4. The Respondent No.4 is directed to submit the compliance report to the directions so passed hereinabove within 2 (two) months from the date a certified copy of the instant order is served upon the Respondent No.4.

¶7Before parting with the record, this Court observes that any interim compensation if already paid to the petitioners be adjusted at the time of making the final award. J U D G E Comparing Assistant