NATIONAL HUMAN RIGHTS COMMISSION Some of the survivors made a specific complaint that when the villagers rushed to the forest beat office in Khagrabari, the forest personnel instead of helping, fired at them and set some of the houses on fire 4.113 During the inquiry initiated by the Commission, it was informed that the investigation of the two incidents in question had been taken over by National Investigation Agency (NIA). The charge sheet was also filed in both the cases before the court. It was also revealed that 36 villagers were killed by the alleged cadres of NDFB in the incident in collusion with the forest officials and involvement of four forest officials had also been established. 4.114 The Commission while considering the report of NIA on 06.01.2017, observed that since the forest officials had colluded with the NDFB cadres to massacre 36 villagers of Nonke Khagrabari and Balapara, the State of Assam is vicariously liable for the death of innocent villagers. Hence, a notice was issued under Section 18(a) (i) of the Protection of Human Rights Act, 1993, to the Government of Assam, through its Chief Secretary, requiring it to show cause as to why an amount of ` 5,00,000 (Rupees Five Lakhs only) each as monetary relief be not recommended to be paid to the NoK of the deceased persons and ` 100,000 (One Lakh) each to the four injured persons. 4.115 Secretary to the Govt. of Assam, Revenue & Disaster Management Department vide communication dated 21.08.2017 informed the Commission that the four persons, who were injured in the incident, had been paid an amount of ` One Lakh each. The proof of payment of ` One Lakh paid to the four injured persons along with the proof of payment of ` Five Lakhs each paid to the NoK of the 39 deceased persons died in the incident had also been enclosed. 4.116 Since the charge-sheets has been filed in the Court and the monetary compensation recommended by the Commission had also been paid to the Nok of the deceased persons as well as to the injured persons by the State Government, the Commission vide proceedings dated 06.11.2017 closed the matter. 21) Delay in Acceptance of Nomination for Family Pension by Ministry of Defence (Case No. 156/11/1/2016) 4.117 The Complainant, Shri S. Natarajan, resident of Haripad, District Alappuzha, Kerala, in his complaint dated 08.03.2016, has stated that, he superannuated from AFHQ civil services from the office of OFC, Ministry of Defence on 31.01.2001. At the time of retirement, he nominated his wife for family pension after his death. After the death of his wife in December 2014, the Complainant wants his disabled son, Prasant Natrajan, who is suffering from cerebral palsy with hemiparasis(R), to get family pension after the death of the pensioner/Complainant. Annual Report 2017-2018 65

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