Erosion affected families are entitled to apply for land allotment under the Land Policy, 2019, and may be considered for a rehabilitation package if lands cannot be allotted.

JUDGMENT :

DEVASHIS BARUAH, J.

1. The instant writ petition has been filed by a registered society espousing the cause of 4285 families who were allotted lands by the Government but such lands which were allotted have been eroded by floods caused by the river Sarabhanga, Aie, Champa (Bhur), Kumguri and such have sought for fresh allotment and/or further seeking a rehabilitation of Rs.50,000/- per victim family of the Petitioners for the purpose of purchase of land/construction of houses as the similarly situated victim families already received the same.

2. From a perusal of the writ petition, it reveals that the Petitioners themselves admitted that they were allotted lands however such lands have been eroded in view of the river changing its course. Therefore, these Petitioners would come within the ambit of Clause 1.7 of the Land Policy, 2019. However, for the grant of settlement, the members of the Petitioner association would be required to apply individually in terms with the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886 as well as the Land Policy of 2019. It is the opinion of this Court that if the members of the Petitioner association are erosion affected persons, they would be entitled to make necessary application as per the provisions of law as above stated and upon making such applications, the Respondent Authorities are also required to consider the same in view of its Land Policy, 2019.

3. Accordingly, this Court grants liberty to the members of the Petitioner association to respectively apply before the Secretary, Land Revenue & DM Department, Bodoland Territorial Council for allotment of land in terms with Land Policy, 2019 and upon application, the said authorities shall duly decide the entitlement of the respective applicant who are the members of the Petitioner association in terms with the Land Policy, 2019 within a period of 8 months from the date of such applications, if so filed. The respective members of the Petitioner association who were earlier allotted shall file their respective applications for seeking allotment along with the credentials that they were earlier allotted.

4. The above therefore takes care of the first relief so sought for in the writ petition. As regards the second relief which have been sought for i.e. for a direction to pay a rehabilitation grant of Rs.50,000/- per victim family of the Petitioners, this Court finds it very pertinent to take note of the affidavit filed by the Respondent No. 2 wherein it has been mentioned that in case of families affected in 1996 and 1998 violence, the Government prepared a 4 (four) phase Action Plan. The various phases have been mentioned in a tabulated form which are quoted herein under:

5. It was mentioned in the said affidavit-in-opposition that the people who were in Phase-I, II, III were rehabilitated. However, as regards the people who were in phase IV for whom land had to be arranged, they continued to live in the relief camps. The Government in spite of great difficulties could not rehabilitate these families and under such circumstances, the maintenance of the