1 2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (C) No. 1985 of 2021 1 - Munna Ram Kewat S/o Late Shri Sukhram, Aged About 43 Years Caste Kewat, R/o Village Mahant, Tahsil Nawagarh, District Janjgir Champa (Chhattisgarh) (Deceased Mother Namely Itwari Bai Of The Petitioner), District : Janjgir-Champa, Chhattisgarh 2 - Santosh @ Rajen, S/o Narottam Yadav, Aged About 51 Years R/o Village Banari, Tahsil Janjgir District Janjgir Champa (Chhattisgarh) (Deceased Wife Namely Shanti Bai Of The Petitioner), District : Janjgir-Champa, Chhattisgarh 3 - Shrawan, S/o Sukhram, Aged About 31 Years Caste Kewat, R/o Village Mahant, Tahsil Nawagarh, District Janjgir Champa (Chhattisgarh) (Deceased Wife Nemely Sarojani Bai Of The Petitioner), District : Janjgir-Champa, Chhattisgarh 4 - Fekuram, S/o Babulal Dhivar, Aged About 61 Years Caste Dhivar, R/o Village Mahant, Tahsil Nawagarh, District Janjgir Champa (Chhattisgarh) (Deceased Daughter Namely Tulsi Of The Petitoner), District : Janjgir-Champa, Chhattisgarh 5 - Suresh Kumar Dhivar, S/o Shri Ramayan, Aged About 35 Years Caste Dhivar, R/o Village Banari, Tahsil Janjgir District Janjgir Champa (Chhattisgarh) (Deceased Wife Namely Smt. Usha Bai Of The Petitioner), District : Janjgir-Champa, Chhattisgarh 6 - Smt. Rajani Dhivar, W/o Late Shri Firat Ram, Aged About 42 Years Caste Dhivar, R/o Village Banari, Tahsil Janjgir District Janjgir Champa (Chhattisgarh) (Deceased Husband Namely Firat Ram Of The Petitioner), District : Janjgir-Champa, Chhattisgarh 7 - Smt. Ganga Bai, W/o Shri Batturam, Aged About 66 Years Caste Dhivar, R/o Village Banari, Tahsil Janjgir District Janjgir Champa (Chhattisgarh) (Deceased Husband Namely Battu Ram Of The Petitioner), District : Janjgir-Champa, Chhattisgarh 8 - Santosh Dhivar @ Rajkumar, S/o Ravi Shankar Dhivar, Aged About 32 Years Caste Dhivar, R/o Village Banari, Tahsil Janjgir District Janjgir Champa (Chhattisgarh) (Deceased Wife Namely Shanti Bai Of The Petitioner), District : Janjgir-Champa, Chhattisgarh ---- Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Mantralaya, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Collector, Janjgir, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.12.03 10:45:21 +0530 -2- Respondents For Petitioner : Shri Banhiman Roy, Advocate. For Respondent /State : Ms. Shailja Shukla, Dy.G.A. and Shri Topilal Bareth, P.L. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 28/11/2025 1. This writ petition has been filed by the petitioners seeking for the following relief : (i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to pay compensation amount of Rs. 4,00,000/- to the petitioners of each deceased persons as per circular dated 09.06.2015 of the State Government Annexure P-1 within stipulated time, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted, in the interest of justice. 2. Learned counsel for the petitioners submits that petitioners are the resident residence of different Villages of District – Janjgir-Champa. The relatives of the petitioners were working as labour and had gone to Leh-Laddakh to earn their livelihood. On 06/07/2010 on account of sudden cloud burst, the relatives of the petitioners have died during working period. On 22/08/2020, the death certificate was issued by the competent authority of the Union Territory of Ladakh. He further submits that on 22/10/2020, the respondent authorities issued direction to the Collector /respondent No.2 to pay compensation amount to the nine deceased persons who died due cloud burst in Leh-Laddak as per provisions of Rajaswa Pustak Paripatra 6-4 year, 2010. He further submits that an amount of Rs.01,00,000/- was paid to the petitioner on account of their relatives died in the cloud burst. He submits that the State Government vide its circular/guidelines dated 09/06/2025 has enhanced the compensation to Rs.04,00,000/-. He further submits that though relatives of the petitioners died in the year-2010 their death certificates were issued in the year - 2020 and on that day, the circular/guidelines dated 09/06/2015 was in force, therefore, instead of Rs.01,00,000/-, the petitioners ought to have been paid Rs.04,00,000/-. Therefore seeking the above stated reliefs, this writ petition has been filed. -3- 3. Learned Counsel for the State submits that admittedly the relatives of the petitioners died in the year-2010, their right to receive compensation accrued in the year-2010. At that time the Policy of the Government of Chhattisgarh, 2008, Revenue and Disaster Management Department contained in Rajswaya Pustak Paripatra 6-4 dated 03rd October, 2008 was in force. According to which, the petitioners only entitled to Rs.01,00,000/- on account of natural calamities. The claim of the petitioner at the strength of the order/guidelines dated 09/06/2015 (Annexure P/1) is misplaced because it has prospective effect. Therefore, the reliefs claimed by the petitioners cannot be granted to them. 4. Heard learned counsel for the parties and perused the record with rapt attention.. 5. This is not in dispute that the relatives of the petitioners had gone to earn their liveli hood in Union Territory of Leh & Laddakh in the year - 2010, they died on account of sudden cloud burst. The death certificate was issued sometime in the year 2020 by the competent authority of Union Territory of Leh & Laddakh. The death certificate indicates the date of death of the relative of the petitioners as 5/6-08-2010. The Policy of 2008 is filed an Annexure R/1. Relevant provision of that Policy indicates that Rs.01,00,000/- would be paid to nearest family/successor in case when a person dies in natural calamity etc. For ready reference, the same is quoted here-in- below:- (च) - " त त / टत स आ सयत अ (1) त आ, स ! "#य$ ण य स&, '(, ! य ) *+ ट, ,, त-', '), आ, , - . /0' स अ 12&ट ए सई !स 5स-6/ फट, * )स स 8य 9 त त टत त / स :य 100000/- ( :य ए -*) ; सयत , 9ए!+। इस 5-ए 8य ; स0च >त अ?!+य अ@)+/तस+-/ य' तस+- A 2टB- C+D Eच 8य ए उस ण$ ; 9च ; 9ए!+ औ 9 स? /H ट स त +Iण ?+ य 9ए!। 8य ए 9 त सJय / टत स उ त )5C ; अ सयत - ट A J+ त ; 9ए!+। आ! स 9- ण 8य ?+ इस+ अस सयत Kय 9ए!। ' त त . 'L ?+ C@- सM 9ए!। . ए स अ@) 8य स सयत अ 8य त -4- स य !। '9-+ ! स ! "# । ?त तNय$ अ सयत ; 9.।" 6. Learned counsel for the petitioner placed reliance on subsequent order/guidelines issued on 09/06/2015 (Annexure P/1) which clearly indicates that the amendment was incorporated in the earlier Policy which would be effective from 09/06/2015. The right to get the compensation for death on account of natural calamities accrued in favour of the petitioners in the year-2010. At that point of time the policy of 2008 was in force which only provides a compensation of Rs.01,00,000/-. The policy which the petitioners counsel relied upon was made effective from 09/06/2015 which in the opinion of this Court cannot come to any help to the petitioners seeking enhanced amount of compensation of Rs.04,00,000/-. Thus in view of the above discussion, this Court is of the opinion that the reliefs claim cannot be granted to the petitioners. 7. Thus, this writ petition fails and is hereby dismissed. Sd/- Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish