Janam Begum v. The Union of India and 3 Ors

O R D E R

21.07.2023

The petitioner herein is aggrieved by the inaction on the part of the respondent authorities in not making payment of ex-gratia amount which has already been sanctioned by the Deputy Commissioner, Dima Hasao as could be seen from the Annexure-C to the writ petition.

¶2The case of the petitioner herein is that the petitioner's husband went missing since 10.09.2011 for which the petitioner had lodged a complaint before the Haflong Police Station which was registered and numbered as Haflong P.S. Case No.78/2011 under Sections 365/379 of the IPC. During the course of investigation, it was found that the husband of the petitioner was kidnapped and killed by some unknown extremists and his vehicle was snatched away. The dead body of the husband of the petitioner was recovered by the Nagaland Police on 13.09.2011 from the Dhansiri Par near Sericulture Farm. Upon the death of the husband of the petitioner, the case was registered under Sections 302/201 of the IPC.

¶3The petitioner, thereupon, applied for being provided the compensation to the victim of terrorist/communal and naxal violence in terms with the Central Scheme for assistance of civilian victims of terrorist/communal and naxal violence.

¶4The entitlement in terms with the said scheme was Rs.3,00,000/-. Upon the petitioner applying for the same in the year 2012, the respondent No.4, i.e. the Deputy Commissioner, Dima Hasao issued Page No.# 3/4 sanction order for grant of ex-gratia under the said scheme of an amount of Rs.3,00,000/-. However, the said amount has not been paid for which the petitioner has approached this Court.

¶5This Court had issued notice on 02.12.2022. On 07.06.2023, when the matter was listed before this Court, the counsel appearing on behalf of the Deputy Commissioner, Dima Hasao had duly admitted to the fact that there was a sanction given by the Deputy Commissioner, Dima Hasao of an amount of Rs.3,00,000/- to be paid to the petitioner. However, it is on account of non-disbursal of the said amount by the Ministry of Home Affairs, Government of India, the same amount could not be released to the petitioner.

¶6This Court, thereupon, had directed the petitioner to bring on record the scheme for which the petitioner had filed an additional affidavit whereby the Central Scheme for assistance of civilian victims of terrorist/communal and naxal violence of the Central Government was enclosed. It transpires from a conjoint reading of Clauses 7 & 8 that the District Collector/District Magistrate/the Deputy Commissioner shall first make the payment to the beneficiaries, and thereupon, the State Government shall submit the proposal to the Ministry of Home Affairs for reimbursement in the prescribed format.

¶7Taking into account the above, this Court, therefore, is of the opinion that the interest of justice would be met if a direction is given to the Deputy Commissioner, Dima Hasao to pay the amount of Rs.3,00,000/- so sanctioned in favour of the petitioner within the time-frame.

¶8In that view of the matter, the instant writ petition stands disposed Page No.# 4/4 of thereby directing the Deputy Commissioner, Dima Hasao to pay the amount of Rs.3,00,000/- to the petitioner within a period of 2 (two) months from the date a certified copy of the instant order is served upon the Deputy Commissioner, Dima Hasao.

¶9With the above observation and direction, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010230842022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7791/2022o JANAMoBEGUMo W/O-oLT.oHAIDARoHUSSAIN,oC/O-oDR.oCHANGSAN,oR/O-oHAFLONGoNEARo RADIOoSTATION,oP.O.oHAFLONG,oDIST.-oDIMAoHASAO,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REP.oBYoTHEoJOINToSECY.,oINTERNALoDIVISIONoII,oGOVT.oOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-o01 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoANDoPOLITICALoDEPTT. oDISPUR oGHY-06 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGHY-06 4:THEoDY.oCOMMISSIONERoANDoCHAIRMAN oDISTRICToLEVELoCOMMITTEE oDIMAoHASAO oHAFLONo AdvocateoforotheoPetitionerooooo:oMR.oJoLASKARo AdvocateoforotheoRespondento:oDY.S.G.I.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH