GAUHATI HIGH COURT ISSUES ORDER FOR BAHA MURMU V/S THE STATE OF ASSAM AND 5 ORS CASE

GUWAHATI, India, Oct. 16 -- Gauhati High Court issued the following order on Sept. 16:

1. Heard Shri S.I. Akand, learned counsel for the petitioner. Also heard Shri I. Borthakur, learned Standing Counsel, Forest Department and Shri N. Goswami, learned Government Advocate, Assam.

2. The approach to this Court by the petitioner is with a claim for ex gratia / compensation in terms of a Government notification dated 06.03.2017. As per the facts projected, the husband of the petitioner, namely, Late Jhade Tudu @ Dhade Tudu was attacked by a wild elephant in his house on 01.01.2022 at about 01:00 AM, as a result of which, he had expired. The matter was reported to the Police and Bishmuri Police Outpost GDE No. 20 was registered on 02.01.2022 and subsequently, Kokrajhar PSUD Case No. 1/2022 was also registered. As a Notification dated 06.03.2017 for payment of ex gratia was in operation, the petitioner had applied for such ex gratia which was not acted upon and therefore, the present writ petition was instituted.

3. Shri Akand, learned counsel for the petitioner has submitted that the notification which was published on the Gazette on 06.03.2017, prescribes for ex gratia payment to families of deceased persons @ Rs.4,00,000/-. He has submitted that the said notification is for loss of human life and injuries including damage to crops and properties caused by wild animals. He submits that the inaction on the part of the respondent authorities in spite of being eligible for such ex gratia amounts to illegality and therefore, this Court may issue appropriate direction for release of such payment.

4. He has also drawn the attention of this Court to the affidavit-inopposition filed by the respondent no. 5 - District Commissioner, Kokrajhar on 26.06.2023 wherein it has been stated that the deceased belongs to Other Traditional Forest Dweller (OTFD). He has also referred the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter the Act) and has contended that Other Traditional Forest Dwellers are entitled, amongst others, to hold and live in a forest land. He has drawn the attention of this Court to Section 3(1)(a) of the Act to buttress his argument. He has submitted that when the respondent no. 5 has admitted that the petitioner belongs to the Other Traditional Forest Dwellers (OTFD), there should not be any hindrance or barrier for release of the amount in question.

5. Per contra, Shri Borthakur, learned Standing Counsel, Forest Department has submitted that the application of the notification dated 06.03.2017 for payment of ex gratia has to be with regard to death or injuries caused by wild animals which is outside the forest area. He has submitted that the area in question is inside Haltugaon Reserve Forest in the district of Kokrajhar and therefore the notification would not be applicable.

. On the contention that the petitioner is a Traditional Forest Dweller, learned Standing Counsel has submitted that the aforesaid aspect was not even pleaded in the petition and had come to surface only on presentation of the affidavit-in-opposition by the respondent no. 5. By drawing the attention of this Court to the averments made in paragraph 4 of the said affidavit, the learned Standing Counsel has submitted that though there is a reference to the petitioner as Other Traditional Forest Dwellers (OTFD), the report of the DFO also mentions that the petitioner / deceased would still be an encroacher till the issue of FRA Title, if eligible.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpJTuGpBoiz5wvPn0n9uLVYaFDKUKU9jfTWnHSh8Kl47F&caseno=WP(C)/586/2023&cCode=1&cino=GAHC010022272023&state_code=6&appFlag=)

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