WRIT PETITION 6446/2010 on 3 May 1997

WP(C) 6446/2010BEFOREHON’BLE MR. JUSTICE B D AGARWALThe petitioners’ land were acquired by the Deputy Commissioner on behalf of the then Flood Control Department in the year 1989 since the petitioners have not received the land acquisition compensation.

Heard the learned counsel for the petitioners representing the Water Resource Department as well as the Deputy Secretary, Revenue Department, Govt. of Assam andalso Dr.J Balaji, the Deputy Commissioner, Kamrup were present in person and they were also heard.

The Deputy Commissioner informed the court that the estimates were submitted to the Revenue Department long back and the Revenue Department approved the estimate on 3.5.1997. The Deputy Commissioner further informed the court that thereafter the Water Resource Deptt. was requested to place the funds to the Office of the Deputy Commissioner and till date they have not received any fund.

Today the Deputy Secretary, Revenue Deptt. also placed a copy of the Letter No.RLA.11/94/76 dated 3.5.1997 whereby the Govt. has approved the estimate of Rs.12,57, 875/- and a copy of this letter was forwarded to the Under Secretary to the Govt. of Assam, Flood Control Department since then the Govt. has not placed thefund to the Office of the D.C.

In view of the aforesaid facts the Govt. more particularly, Water Resource Department shall place the fund to the Deputy Commissioner, Kamrup within 3(three) months from the date of receipt of a copy of this order whereupon the D.C. shall prepare final award within next one month and thereafter the Revenue Department will approve the final award within next 2(two) weeks. Thereafter, the payment shall be made to the petitioners without any delay.

It is made clear that if the Water Resource Department does not place the fund to the Deputy Commissioner within 3(three) months from the date of receipt of a copy of this order the award amount shall carry interest @ of 10 % per annum. The Deputy Commissioner, Kamrup is further directed to submit further estimate regarding the interest upon the principal compensation amount in accordance with Land Acquisition Act from the date of possession or from the date of award, whichever is earlier to the Revenue Department within a period of one month.A copy of this order may be furnished to the learned counsel for the respondents .With the aforesaid direction and observation the writ petition stands disposed of.