Point of Law: Any direction can be issued by any authority for release of amount of compensation, proper assessment of the land and the compensation payable in respect thereof would have to be made by the competent authority.

JUDGMENT :

Heard Mr. S. K. Kejriwal, learned counsel appearing for the writ petitioner. Also heard Mr. G. N. Sahewalla, learned senior counsel assisted by Mr. Anix Singh, learned counsel appearing for the respondent No.1 and Mr. B. J. Talukdar, learned senior counsel assisted by Mr. P. K. Medhi, learned counsel appearing for the respondent Nos.2 and 3.

2. This is the second time that the writ petitioner had to approach this Court by filing this writ petition seeking more or less similar nature of relief. The facts of the case leading to the filing of the writ petition, briefly stated, are to the effect that the writ petitioner is a company carrying on business inter-alia of plantation, manufacturing and sale of tea. The petitioner company is the owner of Lukwah Tea Estate situated in the district of Sivasagar. As per the case projected in the writ petition, several plots of land falling under the Lukwah Tea Estate has been used either temporarily or permanently by the respondent No.1 for the purpose of activities such as drilling for exploration of oil and gas and also for laying down pipelines. In the above process, land measuring 114 Bighas 1 Katha and 19 Lechas belonging to the Lukwah Tea Estate has been utilised by the respondent No.1 in various form. The petitioner has been paid rental and crop compensation for the land. However, no compensation as required under Section 10(4) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 as well as compensation in terms of the provisions of the Land Acquisition Act, 1894 had been paid to the petitioner till date. Hence, this writ petition.

3. The petitioner company had earlier approached this Court by filing WP(C) No.4117/2011 inter-alia praying for a direction upon the respondents to pay compensation to the petitioner in respect of the 114 bighas of land by assessing the compensation for the damage caused to the land in addition to other reliefs prayed for in the said writ petition. Since the petitioner has confined its grievance only to the question of payment of compensation for the 114 bighas of land allegedly used by the ONGC i.e. the respondent No.1, it would not be necessary for this Court to go into the other aspect of the matter agitated in WP(C) No.4117/2011.

4. By the judgment and order dated 05.09.2011 the learned Single Judge had disposed of the aforesaid writ petition wherein the relief prayed for by the petitioner company pertaining to the 114 bighas of land was dealt with in paragraph 6 sub-para (i), which is reproduced herein below :-

“i) The competent authority-cum-Deputy Commissioner, Sivasagar, shall make an enquiry as to whether the petitioner had been paid the amount of compensation in respect of 114-bigha of land, which was earlier acquired under the provisions of the Act. In such enquiry the writ petitioner as well as the respondent authorities shall produce the necessary papers enabling the competent authority to complete such enquiry and pass necessary order. In case any amount is found to be due and payable to the petitioner the same shall be paid by the ONGC by depositing the same with the competent authority-cum-Deputy Commissioner, Sivasagar. The said exercise is directed to be completed within a period of two months from today.”

5. In terms of the directions contained in the order dated 05.09.2011, the respondent No.3 i.e. the Additional Deputy Commissioner, Sivasagar had prepared a report which was forwarded to the respondent No.1 as well as the writ petitioner by the letter dated 31.12.2011 issued by the Deputy Commissioner, Sivasagar. The grievance of the petitioner is that although the enquiry report forwarded on 31.12.2011 clearly indicates that the petitioner was entitled to receive compensation, no action has been taken by the respondent No.1 for payment of compensation. Aggrieved thereby, the present writ petition has been filed.

6. By referring to the enquiry report prepared in terms of the order dated 05.09.201