Authorities are obligated to complete rehabilitation of displaced individuals under the Right to Fair Compensation and Transparency in Land Acquisition Act, reflecting the right to livelihood and property.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. G. Alam, learned counsel for the petitioners. Also heard Mr. B. J. Talukdar, learned Senior Counsel for the State respondent Nos. 6, 9, 10 & 11; Mr. R. K. D. Choudhury, learned DSGI for the respondent Nos. 1, 2, 3, 7 & 8 and Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department, for respondent Nos. 4 & 5.

2. By filing this writ petition, the petitioners have prayed for a direction to the respondent authorities to complete the process of rehabilitation and resettlement as initiated vide the Provisional Allotment Certificate of Ceiling Surplus Land and Handing Over of Possession dated 23.02.2016 in any other appropriate area under Katigorah Revenue Circle, as the petitioners have been rendered homeless due to the construction of Indo-Bangladesh International Border Fencing. The petitioners have also sought for a direction to acquire their land which has been utilized for erection of Indo-Bangladesh Border Fence in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. Briefly put, the petitioners claim to be the owners of plots of land situated at Jalalpur and Mahadevpur Gaon Panchayat in the District of Cachar, Assam, which they inherited from their respective ancestors as well as by way of purchase from their erstwhile landowners. The petitioners were utilizing the said land either for residential or for cultivation and fishing purposes.

4. In terms of the decision of the Government of India to secure the international border, including the Indo-Bangladesh border, against infiltration etc., the authorities have constructed the road along and around the international border. Thereafter, in order to guard the Indo-Bangladesh Border, the Government of India had further decided to erect border fencing, which was accordingly constructed in the year 2006 along the Indo-Bangladesh border, including the stretches passing through Jalalpur and Mahadevpur Gaon Panchayat areas in the district of Cachar. As a consequence of the erection of the said fencing, the lands of the petitioners have fallen outside the border fencing.

5. It is the contention of the petitioners that ingress and egress to and from their lands have been restricted by the BSF and they are unable to avail themselves of welfare programmes and government schemes as their lands now fall outside the Indo-Bangladesh border fencing. It is contended that due to their lands being pushed outside the border fencing, the petitioners have been deprived from completely utilizing and enjoying their properties which is a clear deprivation of life and property without authority of law, inasmuch as no acquisition proceedings have been initiated.

6. Having realized that the land of the petitioners had fallen outside the Indo- Bangladesh international border fencing, the respondent authorities of the State of Assam issued a Provisional Allotment Certificate of Ceiling Surplus Land and Handing Over of Possession vide order dated 23.02.2016 for rehabilitation of 174 affected families, including the petitioners herein, who are residing outside the Indo-Bangladesh border fencing in different border line mouzas. The respondent authorities have proposed allotment of Ceiling Surplus Land under Mouza and Talkor Grant, Pargonah-Gumrah under Katigorah Revenue Circle in favour of the petitioners and formally recommended allotment of an area of 10 Kathas to each affected family by issuing separate orders. The physical possession of the allotted land was also handed over to the petitioners separately. The s