ORDER

14.09.2022 Heard Shri S. Chauhan, learned counsel for the petitioner. Also heard Shri P.

Nayak, learned Standing Counsel, PWD for the respondent nos. 1, 2 and 6 whereas Shri B. Deuri, learned State Counsel is present for the respondent nos. 3 to 5.

2. Considering the subject matter and as agreed to by the parties, the present writ petition is taken up for disposal at the admission stage.

3. The projected case of the petitioner is that he is the pattadar of a plot of land measuring 1 Bigha, 1 Katha and 13 Lecha at Hojai. The said land was used by the respondents for construction of the Lanka-Lasker Pathar connecting road under PMGSY Scheme in the year 2004 in which many fruit bearing and valuable trees were cut. However, no compensation amount was paid for which the writ petitioner had earlier approached this Court by filing WP(C)/7289/2004 and this Court vide an order dated 07.12.2012 had directed the Deputy Commissioner, Nagaon to cause an enquiry. Thereafter, an enquiry was caused and a recommendation was made for payment of a fixed lump-sum amount of Rs.2,25,500/- (Rupees Two Lakh Twenty Five Thousand and Five Hundred). The said amount was paid only after filing of a contempt case, thereafter the Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 was invoked and assessment was made for compensation to the tune of Rs.5,26,680/- (Rupees Five Lakh Twenty Six Thousand Six Hundred and Eighty). However, the balance amount after deducting the amount already paid is yet to be released to the petitioner. Therefore, the present writ petition has been filed.

4. Shri Chauhan, learned counsel for the petitioner submits that the respondents are under a legal duty to release the amount as per the assessment made and in this connection, the learned counsel for the petitioner has drawn the attention of this Court to the affidavit-in-opposition filed on 24.08.2017 by the respondent no. 6 wherein it has been stated that the amount in question which was recommended by the Deputy Commissioner, Nagaon was submitted for sanction before the competent authority way back in the year 2014. He accordingly submits that there cannot be any reason to withhold the said payment.

5. Shri Nayak, learned Standing Counsel, PWD fairly submits that in the affidavit dated 24.08.2017 filed by the respondent no. 6 in paragraph 8, it has been admitted that only because of lack of sanction, the amount in question has not been paid to the petitioner.

6. For ready reference the part of the paragraph 8 of the affidavit-in-opposition dated 24.08.2017 is extracted hereinbelow-

“In the meantime, a modified estimate amounting to Rs.5,26,680/- (Rupees Five Lakh Twenty Six Thousand Six hundred and Eighty) only was received from the Deputy Commissioner, Nagaon vide letter No. NRQ.24/2012/44 dated 24/09/2014 (the amount of Rs.5,26,680/- consists of original land value of Rs.2,23,500/- plus solarium). The estimate was submitted to the competent authority for sanctions vide office letter No. Misc./333/II/1541 dated 26.09.2014 but no sanction has been accorded as yet.”

7. The learned Standing Counsel for the Department has submitted that appropriate direction may be made for releasing the amount within a particular time frame.

8. After hearing the parties and on perusal of the materials on record, the present writ petition is disposed of by directing the respondent nos. 1 and 2 to expedite the matter which was recommended for sanction in the year 2014 and thereafter release the balance amount of Rs.3,03,180/- (Rupees Three Lakh Three Thousand One Hundred and Eighty). The aforesaid payment be made expeditiously, in any case, within an outer limit of 3(three) months from the date of receipt of a certified copy of this order.

JUDGE Comparing Assistant