Point of Law: If sub-section (2) of Section 3H of the Act of 1956 is looked into, the jurisdiction of the competent authority is nothing but to pay the compensation to the person or persons entitled thereto.

ORDER :

Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. R Borpujari, learned Standing counsel appearing on behalf of respondent No.1, Mr. B Deuri, learned counsel appearing on behalf of respondent Nos.2 & 3 and Mr. K.N. Choudhury, learned senior counsel appearing on behalf of respondent No.5

2. None appears on behalf of respondent No.4, Union of India.

3. The instant writ petition has been filed being aggrieved by the action of the respondent authorities in not disbursing the payment of the land acquisition compensation to the petitioner in respect to the acquisition of land belonging to the petitioner company acquired under the National Highway Authority Act, 1956 for building/widening/fourlaning etc maintenance, management and operation of National Highway No.37 on the stretch of land from 583.350 km to 595.822 (Dibrugarh By-pass section) in the district of Dibrugarh.

4. The case of the petitioner in brief is that a Tea Estate in the name and style of Chowkidingee Tea Estate was owned and possessed by a company in the name and style of Chowkidingee Tea Estate Ltd. Subsequent there to, the said Chowkidingee Tea Estate Ltd was renamed as Jalan Nagar South Estates Limited and a certificate to that effect was issued under Section 13(3) of the Companies Act, 1908 on 11.02.1955. On the basis of the proceedings under Section 391 and 394 of the Companies Act, 1956, the Calcutta High Court in Suit No.369/1976 permitted the merger of the said Jalan Nagar South Estates Limited merged with the petitioner company by an order dated 26.04.1977 and thereupon all the assets and liabilities of the said Jalan Nagar South Estate Limited stood vested upon the petitioner company on the basis of the order passed by the Calcutta High Court on and from 01.01.1977 which was the effective date. In view of the said amalgamation of Jalan Nagar South Estates Limited with the Petitioner Company the Tea Estate, namely, Chowkidingee Tea Estate which was a part of the assets of Jalan Nagar South Estates Limited also stood transferred by operation of law to the Petitioner Company.

5. The record reveals that on the basis of the order passed by the Calcutta High Court, the land of Chowkidingee Tea Estate was mutated in the name of the Petitioner Company vide an order dated 21.10.2009. Subsequent there to, vide an order dated 21.07.2010 the Additional Deputy Commissioner directed that in view of the letter dated 07.12.2009 the name of the former patta holder would remain and thereby the mutation done in favour of the Petitioner vide the order dated 21.10.2009 should be cancelled. It is the petitioner’s case that the Ministry of Road Transport and Highway published a notification dated 12.02.2014 under Section 3A of the National Highways Act, 1956 in the news daily ‘Assam Tribune’ on 08.06.2014 and sought for objection. The Petitioner filed objections objecting to the acquisition. The objection filed by the petitioner was disallowed and the notification under Section 3D of the National Highway Act 1956 (Act of 1956) was issued. In the said notification dated 15.10.2014, published in the ‘Assam Tribune’, the land in question was shown as ‘Chowkindgee Tea Estate Ltd’ and not the petitioner company. Thereafter, the petitioners company on enquiry came to learn about the order dated 21.07.2010 and submitted a communication dated 05.02.2015 to the Deputy Commissioner, Dibrugarh whereby the petitioner company prayed for restoration of its name in terms with the order dated 21.10.2009. On the basis of the said application dated 05.12.2015, a grant mutation Case No.11/2014-2015 was started. As the concerned respondent authorities did not take any steps in respect to the said mutation case, the petitioner approached this Court by way of a writ petition under Article 226 of the Constitution of India which was registered and numbered as WP(C) No.2926/2014.

6. This Court vide an order dated 22.09.2016 after taking into account that the land of Chowkid