H.N. Sarma, J.

1. The subject matter of challenge and the reliefs sought for in both the writ petitions being common leading to determination of common question of law, both the matters were heard analogously and are being disposed of by this common judgment.

2. Heard Mr. A. Dasgupta, Learned Counsel for the petitioner and Mr. D. Das, learned Standing Counsel, Bodoland Territorial Council as well as the learned Central Government Counsel for the respondents.

3. Writ Petition (C) No. 5043/08 has been filed by a group of 25 petitioners alleging that they belong to Scheduled Tribe (Bodo) ('ST') community of Assam residing in Saralpara forest village under the Haltugaon forest division in the district of Kokrajhar, Assam and their names have been entered in the voter list of 30 No. Kokrajhar (East) ST Legislative Assembly Constituency as inhabitants of Saralpara village. The petitioners were the victims of ethnic clashes of 1996 that took place between the Boro and Adivasi people and they shifted to Naharani Relief Campus near Bhutan Border established by the state authorities. Subsequently, they came back to their place of residence at Saralpara village in the year 1998. Due to re-eruption of ethnic clashes they were again shifted to Naharani relief camp and thereafter to Lahoripara relief camp. Upon prevailing harmony between the two rival groups, the petitioners and other group of persons returned to their original place of residence and constructed their thatched houses and started their normal avocation. On 22.9.2008, some officials of SSB department came to their place and asked them to vacate the said place and also demolished some of the thatched houses, constructed by them.

4. The petitioners claim that they are forest dwellers and they have no other source of livelihood other than the forest land under their occupation. They have acquired rights under Section 3 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ('the Act') which includes granting of patta and lease over the land occupied by the petitioners including the right of settlement. But the authorities not having recognized the said right, the petitioners have filed this writ petition praying to stop the eviction of the petitioners from their dwelling houses and agricultural land situated in the No. 1 Sonapur of Saralpara forest village and to allow the petitioners to reside peacefully in the Saralpara forest village as forest dwellers and to settle the land under their occupation, in their name.

5. W.P.(C) No. 3840/08 has been filed by a group of seventeen petitioners alleging that they are traditional forest dwellers residing in the forest village of Ultapani area in the Kokrajhar district of Assam. Being the victim of ethnic clashes between the Boro and Adivasis in 1996 they took shelter in the relief camp in the Saralpara forest village in the district of Kokrajhar. Subsequently, they were shifted to the Bismuri relief amp in the same district as the earlier camp was attacked by some armed miscreants. The petitioners and other similarly situated persons were granted rehabilitation grant at the rate of Rs. 10,000 each and were asked to shift to their original residential place. Accordingly, the petitioners constructed their dwelling houses in their original place of residence at Ultapani area of Kokrajhar but they have been evicted by the forest personnel from their dwelling houses. The petitioners allege that the action of the Government by rehabilitating them in different forest villages indicate that the Government Had setup different villages for settlement of the petitioners and accordingly they are not liable to be evicted. The petitioners have filed this writ petition praying for a declaration that they are entitled to stay in different forest villages like Saralpara and Ultapani in the district of Kokrajhar, Assam and they have acquired necessary rights recognized under the aforesaid Act.

6. The pet