JUDGMENT :

(A.M. Bujor Barua, J.)

1. Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. J Handique, learned counsel for the Revenue and Disaster Management Department, Government of Assam, representing the respondent No.1—9.

2. We have noticed that the respondent Nos.10 & 11 are officers under the Govt. of Assam and arrayed as respondents by name but in the absence of any specific allegation, which requires a further adjudication, we deem it appropriate that Mr. J. Handique would also represent the said two respondents.

3. In this writ petition, the petitioners by claiming to be conscious and responsible citizens and being well informed about certain forced evictions of vulnerable sections of the society by the State authorities at Village Dhalpur and being concerned by the sufferings caused by the State action, has instituted this Writ Petition on the following prayers:-

“Under the above facts and circumstances, it is therefore prayed that Your Lordships would be pleased to admit this petition, call for the records, issue a rule calling upon the respondents to show cause as to why a writ in the nature of mandamus/certiorari shall not be issued directing/commanding the respondents

1. to provide free ration, shelter, drinking water, sanitation facilities, medical care immediately without failure to the displaced evictees of char village Dhalpur 1, 2 & 3 under Sipajhar Revenue Circle of Darrang district and such arrangement shall continue for a period of six months and thereby ensure the same as basic amenities for survival of the evictees as human being and to arrange/start the schooling facilities to the children of said evicted families,

2. to frame a Standard Operating Procedure (SOP) monitored by this Hon’ble Court to be followed strictly in carrying out future eviction, if any, within the State of Assam incorporating a pre condition for rehabilitation of the evictees and to provide the basic amenities like food, shelter, drinking water, sanitation and medical care to the evictees/displaced persons following eviction with a further condition that on failure of such arrangement as pre condition the respondent state authority would be debarred from carrying out any eviction.

3. to set aside and quash the cabinet decision so far as it relates to setting up of Agro Farm/model project in Sipajhar, Darrang.

4. to grant compensation to the project affected families in accordance with the National Rehabilitation and Re settlement Policy, 2007 dated 31.10.2007 updated by the state of Assam being followed by the Flood/River Erosion Management Agency of Assam (FREMAAA) as well as Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Re Settlement Act, 2013.

5. to formulate a scheme of Rehabilitation, Resettlement and compensation to the evicted families in a time bound manner as per provision of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Rules, 2015 and in consonance with other settled law of the land,

6. to consider for allotment and settlement of any evicted person on the land where from he is evicted in terms of the provisions under Assam land and Revenue Regulation, 1886 and the rules framed there under,

7. to set up a Revenue Circle Level Committee for rehabilitation of erosion affected families in Assam and to evaluate the individual claims on behalf of the evicted person under said scheme,

8. to conduct a detailed Social Impact Assessment in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015.

9. to conduct a fair and independent investigation in a time bound manner, under the scrutiny of this Hon’ble Court in to the death of Mainul Hoque and Sheikh Farid and the injuries caused to other persons and register an FIR in respect of prima facie c