WP(C) 8274/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The unfortunate widow and parents of Suresh Saikia, who was a driver of vehicle bearing Registration No.NL-06-A-1909 (Mini Truck) and was killed due to a incident of bomb blast near Khona Teniali under Sonari Police Station while dr iving the said truck under requisition, by the present petition have prayed for direction to the respondent authorities to grant adequate compensation for the d eath of Suresh Saikia. I have heard Mr. M.K. Choudhury, learned Sr. counsel for the petitioners and Mr. J. Handique, learned State counsel appearing for the respondent Nos.1, 3, 4 and 5. I have also heard the learned standing counsel Finance Department ap pearing for the respondent No.2. The following facts are not disputed:- The vehicle bearing Registration No.NL-06-A-1909 (Mini Truck) was under requisition under the provisions of Assam Requisition and Control of Vehicles Ac t, 1968, of which Suresh Saikia, the husband of the petitioner No.1 and the son of the petitioner Nos.2 and 3 was the driver. While the said vehicle was under r equisition, it was used for carrying the polling personnel accompanied by the se curity personnel on 10.05.2001 on election duty. At about 7 P.M. on that date th ere was an incident of bomb blast near Khona Teniali under Sonari Police Station in the district of Sivasagar and as a result of which 5(five) persons travellin g in the aforesaid vehicle apart from the driver, namely, Suresh Saikia died lea ving behind apart from the petitioners and 2(two) minor daughters. An applicatio n thereafter was filed for grant of compensation for the death of Suresh Saikia, which was forwarded by the Sub-Divisional Officer (Civil), Charaideo, to the De puty Commissioner, Sivasagar with a request to accord sanction for payment of Ex -gratia/compensation to the petitioner No.1 for the death of her husband in the said bomb blast incident. The Deputy Commissioner also vide communication dated 27.09.2001 forwarded all the necessary documents including the application filed to the Election Department of Govt. of Assam for the purpose of grant of ex-gra tia/financial assistance. According to the petitioners despite such steps taken by the Sub-Divisional Officer(Civil) as well as the Deputy Commissioner, nothing has been paid to them by the respondents till date. During the course of argument Mr. Choudhury, learned Sr. counsel for the petitioners has produced a notification dated 24.04.2007 issued by the Secretar y to the Govt. of Assam, Revenue and Disaster Management Department, Relief & Re habilitation Branch, wherefrom it appears that the Government has taken a decisi on to award compensation of Rs.1,00,000/- to innocent persons killed in group cl ashes of anti-social elements as well as the accidental death. A provision for p ayment of compensation to the persons injured in the bomb blast for the injuries sustained has also been made. According to Mr. Choudhury, the petitioners are a t least entitled to the compensation of Rs.1,00,000/- in view of the said notifi cation dated 24.04.2007. Mr. Handique, learned State counsel has fairly submitted that whether th e petitioners are entitled to such compensation under the aforesaid notification dated 24.04.2007 needs to be enquired into and scrutinized by the authority con cerned and upon such scrutiny if the petitioners or any of them are found to be entitled to any compensation under the said notification, the same shall definit ely be paid to them within a reasonable period of time. Though the Deputy Commissioner vide aforesaid communication dated 27.09. 2001 forwarded the matter relating to the compensation with request to sanction the same to the Election Department of Govt. of Assam, nothing has been done by the State respondents till date. In the meantime the earlier notification dated 22.09.1998 has been superseded by the subsequent notification dated 24.04.2007, which is placed on record by the learned Sr. counsel appearing for the petitione rs. The petitioners’ case for grant of compensation either under 1998 notificati on or under the subsequent notification dated 24.04.2007 is yet to be scrutinize d by the authority concerned. That being the position, the present writ petition is disposed of direct ing the respondent No.1, the Commissioner and Secretary to the Govt. of Assam, R evenue & Disaster Management Department, Relief and Rehabilitation Branch and th e respondent No.5, namely, the Election Officer, Election Department of Govt. of Assam to scrutinize the claim of the petitioners for grant of compensation and in the event on such scrutiny any amount is found to be payable to the petitione rs or any one of them, the same shall be paid. The necessary scrutiny and verifi cation shall be done and necessary order shall be passed by the aforesaid author ities within a period of 2(two) months from the date of production of the certif ied copy along with a copy of the writ petition with annexures appended thereto and also with a copy of the notification dated 24.04.2007 issued by the Secretar y to the Govt. of Assam, Revenue & Disaster Management Department, Relief and Re habilitation Branch, by any of the petitioners before the aforesaid authorities. The claim of the petitioner, however, shall not be rejected on the groun d that about 10(ten) years have elapsed from the date of the incident, as the pe titioners have approach this Court in the year 2003 and the writ petition is pen ding for last 8(eight) years before this Court and no affidavit has been filed b y any of the respondents. The writ petition is accordingly disposed of. No costs.