JUDGMENT :

VIJAY BISHNOI, J.

1. Heard Mr. R. Borpujari, learned standing counsel, Revenue and Disaster Management Department, appearing for the appellants in both the writ appeals. Also heard Mr. M. Sarania, learned counsel appearing on behalf of the respondent Nos. 1 to 3 in Writ Appeal No. 233/2018 and Mr. A.K. Hussain, learned counsel appearing on behalf of the respondent Nos.1 to 19 in Writ Appeal No. 320/2018.

2. These intra-Court appeals are filed by the State of Assam being aggrieved with the judgment & order dated 16.07.2015 passed by the learned Single Judge in WP (C) No. 5324/2012 as well as the order dated 27.03.2017 passed by the learned Single Judge in WP (C) No. 4337/2016, respectively. The learned Single Judge has allowed the WP (C) No. 5324/2012 filed by the respondent Nos.1, 2 & 3 in Writ Appeal No. 233/2018 and has directed the State respondents to make payment of compensation for the damage caused to the movable and immovable properties of the members of the respondent Society on the basis of the assessment report prepared by the Forest & Revenue Officials with certain other observations. By order dated 27.03.2017, the other writ petition filed by the respondent Nos.1 to 19 in Writ Appeal No. 320/2018, i.e. WP (C) No. 4337/2016, was also disposed of by the learned Single Judge in line with the judgment & order dated 16. 07.2015 passed in WP (C) No. 5324/2012.

3. Brief facts, which are not in dispute, are that the families of the members of the respondent Society are the victims of the 1998 ethnic violence which took place between Bodos and Adibasis. During the riots, the families of the members of the respondent Society (petitioner Society in the writ petitions) rendered homeless without no food and shelter and they resided in different Relief and Rehabilitation Camps. The Government of Assam, as an immediate measure, has announced rehabilitation grant Rs. 10,000/- (Rupees Ten Thousand) to each affected families. When the said rehabilitation grant was not paid, the writ petitions came to be filed by some members of the respondent Society claiming payment of the same and pursuant to the direction given by this Court for causing an enquiry and doing the needful, the Government of Assam sanctioned and paid rehabilitation grant Rs. 10,000/- to each of the riot affected families, including the families of the members of the respondent Society.

4. In the meantime, the Revenue and Forest Officials have assessed the actual loss suffered by the families in the riots and the loss was estimated between the range of 50,000/- (Rupees Fifty Thousand) to 2,00,000/- (Rupees Two Lakhs) per family. The Government of Assam, vide Notification dated 02.04.2007, had constituted a 8(eight) Member Committee with the Departmental Minister as Chairman to examine and recommend the matter for finding a permanent solution and the said Committee recommended 50,000/- (Rupees Fifty Thousand) to each of the families dwelling in the Relief Camps and the Government of Assam has also sanctioned necessary funds to cover 7951 families.

5. When the affected families of the members of the respondent Society have not received the balance amount of 40,000/- (Rupees Forty Thousand), they preferred WP (C) No. 4172/2010 and in the said writ petition, this Court issued direction to the State of Assam to ascertain whether rehabilitation grant had been enhanced from 10,000/- to 50,000/- and whether the members of the respondent Society are entitled for the same. Pursuant to the said direction, the Department of Revenue & Disaster Management, Government of Assam has passed an order dated 31.03.2011 declining the relief of enhanced compensation to the families of the members of the respondent Society only for the reason that at the relevant time, they were not staying in the Relief Camps and were found living in their villages.

6. The decision taken by the State Government vide order dated 31.03.2011 was questioned by the respondent Society by way of filing WP (C)