Faila Borgoyary and 390 Ors. Vs the State of Assam and 4 Ors.

Heard Mr. S. Upadhyay, learned counsel for the petitioners. Also heard Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department as well as Mr. N. Das, learned State counsel appearing for the respondent No.3 and Ms. B. Bora, learned counsel for the respondents No. 4 and 5.

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2. By filing this writ petition, the petitioners, who are the victims of ethnic violence of 1996-97 between Bodo and Santhal Communities in Kokrajhar District, Assam have prayed for a direction to

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the respondent authorities to take steps for release of rehabilitation grant to them in terms of the policy of the State dated 23.07.2002.

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3. The case, in brief, is that the petitioners, 391 in numbers, are the residents of different villages in the district of Kokrajhar. Due to unfortunate ethnic violence of 1996-97 between Bodo and Santhal communities, both the communities were badly affected and people have lost their lives and properties in Kokrajhar district and had to take shelter to safer places/relief camps where they remained for about six months.

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4. The petitioners have claimed for rehabilitation grant as they are the victims of ethnic violence, which has caused loss of human lives and properties. The State of Assam framed a policy in supersession of the earlier policy vide notification dated 23.07.2002 delineating norms to implement relief measures to the affected people due to ethnic violence in the Kokrajhar and Bongaigaon districts, providing ex-gratia grant to the next-of-kin of the persons killed, financial assistance to the injured and rehabilitation grant to the families whose houses were burnt/damaged during the ethnic violence.

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5. The Additional Deputy Commissioner, Kokrajhar vide communication dated 08.08.2013 directed the Circle Officer, Dotma Revenue Circle to cause an enquiry and submit report as regards the ethnic violence affected families. Accordingly, the Circle Officer vide order dated 09.12.2014 submitted the enquiry report to the Deputy Commissioner, Kokrajhar with a list of fully/partially affected persons of the ethnic violence of the year 1996-97.

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6 . It is noticed that vide communication dated 28.06.2013, the Deputy Secretary to the Govt. of Assam, Revenue & Disaster Management Department has requested the Deputy Commissioner, Kokrajhar to submit the reason for submission of the proposal after lapse of so many years and to mention properly as to whether rehabilitation grant was provided to the families earlier. It has also been further requested to furnish the report of Circle Officer and LR Staff to the department.

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7. It is the submission of Mr. S. Upadhyay, learned counsel for the petitioner that despite the submission of enquiry report as per the norms of the policy of the State before the appropriate authority, no steps have been taken for grant of rehabilitation to the victims of ethnic violence including the petitioners. He, therefore, submits that direction may be issued to the respondent authorities to consider and release the rehabilitation grant to the petitioners in terms of the applicable policy of the State at that relevant point of time.

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8 . Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department as well as Mr. N. Das,

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learned State Counsel, while questioning the claim of the petitioners on being hopelessly delayed, submit that at this distance point of time, it would not be possible to verify, as the ethnic violence had taken place in the year 1996-97, i.e. nearly 30 years back.

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9 . I have considered the submissions made by the learned counsel for the parties and also the materials available on record.

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10 . It is not in dispute that the State respondent has formulated a policy in supersession of the earlier policy for rehabilitation grant including ex-gratia grant and financial assistance to the next of kin of the persons killed/injured and the families whose houses were burnt/damaged due to ethnic violence in the Kokrajhar and Bongaigaon districts in the year 1996-97.

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The policy was notified vide notification dated 23.07.2002, which is reproduced herein below:-

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“ Government of Assam

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Rehabilitation Department Dispur Guwahati

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Order by Governor of Assam

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Notification

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Dated Dispur the 23^rd July, 2022

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No. RR.39/96/49 : In supersession of this Department’s Notification No.RR.39/96/41, dated 21.09.98, the Governor of Assam is pleased to formulate the following norms to implement relief measures to the person affected people due to ethnic violence in Kokrajhar & Bongaigaon District.

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1. Ex-gratia grant to the next of Rs.1 lakh (rupees one lakh)

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kin of persons killed (on the basis of each in one single instalment Medical and Police report). If the fund position permit.

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2. Financial Assistance to injured Rs.1,000/- to Rs.3,000/persons (on the basis of certificate depending on the nature of issued by the concerned Govt. ) injury to each persons

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3. Rehabilitation Grant to the families Rehabilitation grant at whose house have been burn/ uniform rate of Rs.10,000/damaged (on the basis of the report including cost of G.C.I sheet of concerned D.O’s/S.D.O.s) to each affected families subject to the condition that the recipient will leave the camp on receipt of the rehabilitation grant less amount already paid if any.

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It is also decided that all such proposals should be forwarded by the concerned Deputy Commissioner with his specific recommendation to relief and rehabilitation department.

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Government servants who are injured or killed under similar circumstance will not come under the purview of this notification.

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Sd/- A. Porti,

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Principal Sect. to the Govt. of Assam.

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Relief & Rehabilitation Department.”

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11 . Bare reading of the above notification shows that the next of kin of the persons killed/injured and the families whose houses were burnt/damaged in the ethnic violence during 1996-97 would be provided ex-gratia grant of Rs.1 lac, financial assistance of Rs.1,000/- to Rs.3,000/- depends on the nature of injury and Rs.10,000/- which includes cost of G.C.I sheets to each affected families subject to the condition that the recipient will leave the camp on receipt of the rehabilitation grant.

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12 . The petitioners have brought on record the enquiry report of the Circle Officer, Dotma Revenue Circle, with the list of persons who were fully/partially affected in the ethnic violence in the year 199697. The enquiry report reflects that due to ethnic clash between Bodo and Santhal communities, many villages were burnt down, many people of both the communities lost their lives and properties and were forced to leave their villages. The affected people of both the communities had to take shelter in the safer places and many of them were put under relief camps for about six months. It also reflects that many families were affected, however, no rehabilitation or any financial assistance was provided to the affected families.

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circumstanced matter, had disposed of the writ petition and directed the State of Assam to cause necessary enquiry and to verify the claim of the petitioners and if found entitled, to provide rehabilitation as per the notification in force at that relevant point of time.

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14 . Upon consideration of the policy of the State, the report of the Circle Officer and the undisputed fact of the ethnic violence during 1996-97 in the district of Kokrajhar between Bodo and Santhal communities as well as considering that the Coordinate Bench of this Court has directed the State respondents to verify the claim of the petitioners in a similar matter, I am of the considered view that the case of the petitioners is deserved to be considered by the respondent authorities in terms of the applicable policy at that relevant point of time. Thus, I deem it appropriate to direct the State respondents to cause necessary enquiry and to verify the claim of the petitioners and upon such enquiry and verification, if the petitioners are genuinely the victims of the ethnic violence of 1996-97, they shall be provided with the rehabilitation grant as per the notification dated 23.07.2002. It is hereby ordered accordingly.

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15 . To enable the State respondents to carry out the aforesaid exercise, the petitioners are directed to file representation before the District Commissioner, Kokrajhar, Assam within a period of 15 (fifteen) days from today along with the copy of this order. The entire exercise directed to be carried out hereinabove shall be completed within a period of 6 (six) months from the date of receipt of the certified copy of this order.

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16 . With the above observation and direction, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Faila Borgoyary and 390 Ors. v. the State of Assam and 4 Ors.

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Faila Borgoyary and 390 Ors. v. the State of Assam and 4 Ors.

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