JUDGMENT :

In the writ petition, W.P.[C] no. 6230/2017, 68 nos. of petitioners have joined together to institute the writ petition under Article 226 of the Constitution of India. The petitioners, 7 in nos., have instituted the other writ petition, W.P.[C] no. 4637/2021. The petitioners in both the writ petitions have claimed that they have espoused a common cause of action. In both the writ petitions, the common relief the petitioners have sought for is a direction to the respondent authorities not to evict the petitioners from the lands located at Village - Bhatipara, Boitamari Revenue Circle, District – Bongaigaon by the side of the River Brahmaputra which they have claimed to be in possession. Claiming that they are flood affected people the petitioners have also sought for a direction for settlement of those plots of land in their favour as per the Land Policy of the State Government and/or under the provisions of Assam Land and Revenue Regulation, 1886 and the settlement Rules framed thereunder.

2. I have heard Ms. R. Choudhury, learned counsel for the petitioners in both the writ petitions; Mr. R. Borpujari, learned Standing Counsel, Revenue Department for the respondent nos. 1 & 2 in W.P.[C] no. 6230/2017 and for the respondent nos. 3 & 4 in W.P.[C] no. 4637/2021; Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent nos. 3 – 5 in W.P.[C] no. 6230/2017 and for the respondent nos. 5 – 7 in W.P.[C] no. 4637/2021; Mr. S.C. Keyal, learned counsel for the respondent nos. 7 & 8 in W.P.[C] no. 6230/2017; and Mr. C. Baruah, learned Standing Counsel, National Highways and Infrastructure Development Corporation Limited [NHIDCL] for the respondent nos. 9 & 10 in W.P.[C] no. 6230/2017.

3. The case of the petitioners, as projected in the writ petition, W.P.[C] no. 6230/2017 as well as by Ms. Chudhury, learned counsel for the petitioners, is that the petitioners or their predecessors-in-interest [father/grandfathers] were residents of different villagers in the erstwhile Goalpara district and now Bongaigaon district. The names of the petitioners’ fathers/grandfathers were enlisted in the Voters’ Lists prior to 25.03.1971 and also appeared in the National Register of Citizens [NRC] of 1951, in respect of their respective earlier residences, though no documents in support of the said facts have been annexed, other than few revenue receipts issued in the name of few of the petitioners, with the writ petitions. Ms. Choudhury has, however, submitted that the petitioners are in position to produce the documents as regards enlistment of the petitioner’s names in the Voters Lists and in the NRC 1951, electricity connections, revenue receipts, etc.

3.1. The petitioners have projected that their fathers/grandfathers were landless indigenous people and were residing as permissive occupants/tenants under different landlords in different villages in the present district of Bongaigaon. In course of time, they came to be settled in parcels of Government Khas lands at Village – Bhatipara under Boitamari Revenue Circle, District – Bongaigaon, situated by the bank of River Brahmaputra for about 40 years earlier. But due to flood during the year : 1991-1992, the entire area where the petitioners or their predecessors-in-interest had settled, stood submerged in River Brahmaputra. As a result, the petitioners became shelterless and had to take shelter in parcels of land which were at the western side of the previous parcels of land. After taking shelter there, the petitioners constructed dwelling houses, etc. In course of time, few of the original possessors died and accordingly, the petitioners being successors of the original possessors, continued to reside in those parcels of land. The petitioners have stated that they have been provided with electricity connections, ration cards, etc. apart from enlistment of their names in the Voters’ List under 35 no. Abhayapuri South [SC] Legislative Assembly Constituency [LAC]. In support of t