ORDER :

UJJAL BHUYAN, J.

1. Heard Mr. T. Chutia, learned counsel for the petitioners and Mr. R. Borpujari, learned counsel for both the respondents.

2. This petition has been filed alleging willful and deliberate violation of the order of the writ court dated 17.11.2017, passed in WP (C) No. 5088/2015 by the respondents.

3. Case of the petitioner is that land measuring 4 kathas 10 lechas belonging to him was acquired by the Deputy Commissioner, Dhemaji in terms of notification dated 8.12.2011 for construction of fly-over relating to the Bogibeel Railway Project. Grievance of the petitioner was that no compensation was paid to him for such land acquisition. Representation made on that behalf did not evoke any fruitful response. This compelled the petitioner to approach the writ court by filing WP(C) No. 5088/2015. Deputy Commissioner, Dhemaji in his affidavit before the writ court stated that proposal for payment of compensation to the petitioner for acquisition of his land measuring 4 kathas 10 lechas covered by KP patta No. 234 and Dag No. 436 (kha) of village Sesuwani Pamar under Sissiborgaon Revenue Circle was forwarded to the Government on 04.08.2014. In the light of the above, writ court disposed of the writ petition vide order dated 17.11.2017 by directing the respondent State to disburse the land acquisition compensation to the petitioner in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) within 3 months.

4. Alleging willful and deliberate non-compliance of such direction, the present contempt petition came to be filed. Notice in this case was issued on 24.09.2018.

5. Today when the matter is called upon, Mr. Borpujari, learned counsel appearing for the respondents submits on instruction that an amount of Rs. 5,18,200.00 has been paid to the petitioner on 02.01.2019 as compensation for the land acquisition.

6. Mr. Chutia, learned counsel for the petitioner, however, submits that the said amount is totally inadequate and as per assessment of the Circle Officer, Sissiborgaon Revenue Circle, petitioner is entitled to compensation of Rs. 12,83,064.00. That apart, petitioner is also entitled to interest under Section 80 of the 2013 Act at the statutory rate of 9% per annum for delay in payment of compensation.

7. Mr. Borpujari however submits that since compensation has been paid, the contempt petition may be closed. Petitioner may seek his remedy under the 2013 Act if he is not satisfied with the quantum of compensation.

8. Submissions made by learned counsel for the parties have been considered.

9. As compensation of Rs. 5,18,200.00 has been paid to the petitioner, it cannot be said that order of the writ court continues to remain unimplemented. Therefore, the contempt petition may be closed. However, before such closure, a brief dilation on the relevant provisions of the 2013 Act and the remedy of the petitioner is considered necessary.

10. The 2013 Act has been enacted by the Parliament to ensure that a humane, participative, informed and transparent process for land acquisition for the purposes mentioned therein with least disturbance to the owners of the land and other affected families is evolved. It has been enacted to provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provision for rehabilitation and resettlement of such affected persons. The objective of the Act is to ensure that the cumulative outcome of such land acquisition which is compulsory in nature, should be that the affected persons become partners in development leading to an improvement in their post acquisition social and economic status. Therefore, when land is acquired or proposed to be acquired under the 2013 Act, the concerned authorities should keep in mind the above underlying objective of the 2013 Act. Objective of the aforesaid Act, as dis