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2015 Supreme(Gau) 532

IN THE HIGH COURT OF GAUHATI
Manojit Bhuyan, J.
Relief Families Welfare Service Society and Ors. - Appellants
Vs.
State of Assam and Ors. - Respondents
W.P.(C) No. 5324 of 2012
Decided On: 16.07.2015

Advocates:
Advocate Appeared:
For the Appellants: M. Sarma, S.U. Ahmed, R. Devi
For the Respondents: M. Khataniar, A.K. Bhuyan

Headnote:

Constitution of India – Article 226 – Disaster Management Act, 2005 – Section 48, 14, 12 and 3 – Relief and Rehabilitation Camps – Framework – Instigation of Certain – Relief Families Welfare Service Society Petitioner herein represents of families who are victims of ethnic violence resulting from clash between the troubleshooting factions of Bodos and Adibasis at Gossaigaon Sub-Division in District of Kokrajhar occurring in said violence was a fell-out of mass movement spearheaded by All Bodo Students Union for creation of a separate State of Bodoland to be curved out from Assam within framework of Constitution of India It is contended that violence occurred at the instigation of certain persons with vested interests – Held, Families were granted lum-sum amount towards resettlement and rehabilitation – It is not a case that such families who were displaced due to Muzaffarnagar Riots had been granted lum-sum amount to purchase land at any place of their choice –Union of India and another – Apex Court have also held that since State has failed in protecting such serious violation of fundamental rights, the State is bound to provide compensation towards rehabilitation – Direction was also made to make compensation for the damage caused to movable/immovable properties of the persons concerned due to violence matter order under challenge rejecting claim of petitioner society solely on ground that the members of the petitioner-society had returned to their own villages and have been leading normal lives, do not find support of law – Members of petitioner-society are legitimately entitled to be compensated on account of damage to houses and for restoration of means of livelihood on the basis of the loss and damage assessment reports – writ petition stands allowed.

JUDGMENT :

Manojit Bhuyan, J.

1. Heard Mr. M. Sarania, learned counsel for the petitioners. Also heard Mr. M. Khataniar, learned counsel for respondent Nos. 1, 2 and 3 and Mr. A.K. Bhuyan, learned Standing Counsel, BTC, appearing for respondent Nos. 4, 5, 6 and 8.

The Relief Families Welfare Service Society i.e. the Petitioner herein represents 6725 Nos. of families who are victims of ethnic violence resulting from clash between the troubleshooting factions of Bodos and Adibasis at Gossaigaon Sub-Division in the District of Kokrajhar, occurring in the year 1998. The said violence was a fell-out of the mass movement spearheaded by the All Bodo Students' Union for creation of a separate State of Bodoland, to be curved out from Assam, within the framework of the Constitution of India It is contended that violence occurred at the instigation of certain persons with vested interests.

The year 1993 witnessed the first wave of ethnic violence, which spread like wild-fire, followed by a second wave in the year 1996 and again in 1998. Families of the Petitioner Society were the victims of the 1998 ethnic violence between Bodos and Adibasis, which rendered them homeless with no food and shelter. They were taken in at different Relief and Rehabilitation Camps.

2. In the wake of the violence in the year 1996, the Government of Assam, as an immediate measure, had announced Rehabilitation Grant @ Rs. 10,000/- to each affected family but the same only remained at the assurance stage. W.P.(C) 2991/2006 came to be filed by some members of the Petitioner Society claiming payment of rehabilitation grant in respect of the affected families under Gossaigaon Sub-division. Pursuant to direction of the Court for causing enquiry and doing the needful, the Government of Assam in the Revenue & Disaster Management Department sanctioned and paid Rehabilitation Grant @ Rs. 10,000/- to each of the 7044 riot-affected families of 1996 and 1998, including the families of the Petitioner Society.

3. Meantime, steps were initiated to ascertain the actual loss suffered by the families on account of damage of homestead, granary, animal etc. by the Revenue and Forest officials. As per the Damage Assessment Reports, the loss was estimated between the range of Rs. 50,000/- to Rs. 2,00,000/- per family.

4. By Notification dated 2.4.2007, the Government of Assam had constituted an Eight-Member Committee with the Departmental Minister as the Chairperson to examine and recommend in the matter of finding a permanent solution for the rehabilitation of the families affected during the ethnic violence of 1993, 1996 and 1998. The said Committee recommended payment of Rs. 50,000/- to each of the families dwelling in the Relief Camps and such recommendation was translated into action by the Government of Assam with the sanction of necessary fund to cover 7951 families. In pursuance thereof, money was paid to the inmates of two Camps i.e. Joypur Relief Camp and Anthaibari Relief Camp within Kokrajhar District.

5. Although the affected families of the Petitioner Society had moved out of the Relief Camps prior to receipt of the ex-gratia amount of Rs. 10,000/-, fresh claims were made for the balance amount of Rs. 40,000/- in the wake of the enhanced Rehabilitation Grant. Representations not having evoked any positive response, W.P(C) 4172/2010 was instituted by 6727 families through the Petitioner Society. The said writ petition was closed on 7.1.2011 with direction to the concerned State Respondent to ascertain whether Rehabilitation Grant had been enhanced from Rs. 10,000/- to Rs. 50,000/- and whether the members of the Petitioner Society are entitled to the same. The exercise so indicated was directed to be completed within three months from the date of receipt of the order.

6. The requisite exercise in terms of the order passed in W.P.(C) 4172/2010 was undertaken, culminating in the order dated 31.3.2011, which is assailed in the present proceedings. The relevant part of the order dated





























































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