Orissa High Court Orders ₹1.5 Lakh Compensation To Kin Of Two Labourers Killed In Landslide In 2013

The Orissa High Court has ordered the State to pay compensation amount of rupees one lakh and fifty thousand to the kin of two labourers who died in the year 2013 due to a landslide in the aftermath of a heavy rain in the district of Nayagarh.

The Bench of Justice Aditya Kumar Mohapatra rejected the plea taken by the State that the amount of rainfall was less than what is prescribed under the Odisha Relief Code, thus making the petitioners ineligible for any ex-gratia relief. It further observed –

“Indisputably, the death had occurred due to land slide. Having such a condition as a yardstick to grant compensation is highly arbitrary and unreasonable. Under the constitutional scheme, the State being a welfare state is required to act rationally and the policies are required to be reasonable. Viewed from the aforesaid constitutional perspective it can't be accepted that the decision in rejecting the prayer for grant of ex-gratia compensation is a reasonable one and in larger public interest.”

Krushna Chandra Mallick and Taleswar Jani were working as labourers in a road construction work in village Sirikibadi on July 17, 2013. During the course of their work, a sudden landslide occurred due to heavy rainfall. Both the persons succumbed on the very spot.

The police inquired into the matter and submitted the final report confirming the reason death being fall of heavy materials due to the landslide. Additionally, the post-mortem report also reiterated the cause of death as 'asphyxia' due to fall of heavy materials on the chest walls of the deceased persons.

The Tahasildar also cited landslide as the cause of death of the labourers, but opined that their kin are ineligible to receive any compensation since the quantity of rainfall which caused the landslide was lower than what is prescribed in the Odisha Relief Code for providing any monetary relief against fatalities. Pertinently, such report of the Tahasildar came only on 10.03.2022, almost nine years after the incident. The Collector also rejected the claim, giving rise to the writ petitions.

Two major questions cropped up for consideration, i.e. whether the deceased died due to the landslide while working as labourers, and secondly, whether there is any provision or policy of the government which entitled their kin to certain compensation amount.

Justice Mohapatra referred to a resolution of the Government dated 25.02.2012 whereby amendments have been carried out in the Odisha Relief Code as a result which a number of disasters have been added under the category of “natural calamities” which also includes landslide.

Having considered the reports submitted by the police and the Tahasildar coupled with the post-mortem reports, the Court had no doubt that the deceased persons died of a natural calamity prescribed under the Odisha Relief Code, and therefore, their kin/family members are entitled to the ex-gratia amount to the tune of Rs. 1,50,000/-.

The Court was knocked for a loop after hearing arguments advanced by the State which, though never disputed the reason of death being landslide, contended that the petitioners are not entitled to the compensation amount merely because the quantity of rain was less than minimum prescribed under the Code. It opined that a welfare State cannot adopt such irrational yardstick.

While parting, the Judge ordered the State to pay the amount within two months along with interest at the applicable rate. Any default on the part of the State, it clarified, shall result in liability to pay the compensation at the interest rate of 12% till the entire amount is paid.

Case Title(s): Rasana Mallick & Anr. v. State of Odisha & Ors. | Surama Jani & Anr. v. State of Odisha & Ors.

Case Nos: W.P.(C) Nos. 26805 & 20808 of 2022

Date of Judgments: July 10, 2025

Counsel for the Petitioners: Mr. Bijaya Kumar Nayak, Advocate

Counsel for the State: Ms. B.K. Sahu, Additional Government Advocate

Citation: 2025 LiveLaw (Ori) 93

Click Here To Read/Download Order (Rasana Mallik)

Click Here To Read/Download Order (Surama Jani)