WP(C) 3632/2010 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY Heard Mr. K K Mahanta, learned senior counsel for the petitioner. Also heard Mr. H Rahman, learned Junior Government Advocate appearing for State Respondents. This writ petition has been filed by 11(eleven) petitioners for and on b ehalf of families of people affected by erosion of river Brahmaputra, who were evicted from their places falling under different villages under Barkhetri Re venue Circle in the district of Nalbari. As many as 1279 heads of families fiel d representations before the Deputy Commissioner, Nalbari on various occasions o n 3.12.2008, 11.2.2009, 20.11.2009 and 12.5.2010 for settlement of land in comp liance of the order dated 22.8.2001 passed by this court on 22.8.2001 in WP(C)N o.5956/01. The list of 1279 heads of families have been furnished once to the De puty Commissioner, Nalbari along with representation dated 3.2.2001. The petitio ner’s contention is that the District Authority in compliance with the aforesaid order of this court took necessary steps and in fact lands measuring 2 Kathas 10 Lechas for each family in the year 1991 but they were dispossessed by some encroachers hailing from Palasbari area. On the approaches made to the district authority the said encroachers were removed. This fact is reflected from the cir cular dated 5.7.2008 (Annexure-12 to the writ petition). After clearance of the encroachers, the aforesaid 1279 families made representation before the respondent-Deputy Commissioner, Nalbari for settlement and giving possessio n of the land. Request was made to raise area of the allotted land to 5 Bigha pe r family. Accordingly, Deputy Commissioner, Nalbari directed the local Circle Officer, Barkhetri Revenue Circle to submit proposal. However no report was subm itted by the Barkhetri Revenue Circle and as a result the process of settlement of land could not progress. From the materials placed before this court along with this writ petiti on it appears that the respondent District Authorities have not completed the p rocess of settlement of land. From the statements made in paragraph 12 of the af fidavit-in-opposition filed by the respondent No.3 (Deputy Commissioner, Nalbari ) it is found that the entire area has been re-encroached by the previous encroa chers due to which the process for settlement could not start. This stand of t he respondent -Deputy Commissioner shows that the District Authority is not taki ng up the matter seriously inspite of repeated representations submitted by the landless persons for settlement of land. The matter requires immediate attention and positive action on the part of the District Authority. In the aforesaid premises, it is deemed fit and proper to issue a direc tion to cause spot verification of the area through the Circle Officer of Barkh etri Revenue Circle (Respondent No. 5), who shall submit a report regarding stat us of the land and feasibility for settlement of the landless persons/ families who have been rendered homeless due to erosion and on receipt of such report, the respond ent-D.C.Nalbari shall forward its proposal to the Govt of Assam, Revenue Department for approval and other nec essary orders. Be it made clear that the respondent-authorities shall give preference t o the head of the aforesaid 1279 families inasmuch as they approached the Distri ct Authority on earlier occasions, which is found on record of the District Admi nistration. The respondent-authorities shall complete the entire exercise within a period of six months from the date of receipt of a certified copy of this ord er. At the time of local inspection the respondent -authorities shall take steps for eviction of the encroachers from the land proposed for settlement of the la nd with the aforesaid 1279 families. With the aforesaid directions and observations, writ petition stands dis posed of.