WP(C) 1463/2011 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. AR Sikdar, learned counsel for the petitioners, Mr. BJ Talukda r, learned Additional Senior Government Advocate, Assam appearing for the respon dent Nos.1 to 4 and Mr. I Hussain, learned Central Government Counsel appearing for the respondent Nos.5 and 6. The contention of the petitioners in the present petition is that though the land measuring 19 Bighas 19 Kathas 4 Chattaks in village Kashipur-II, Ph. B arakpar, Sub Division, Silchar in the district of Cachar was acquired by registe ring the land acquisition Case being LA Case No.13/2008-09 for construction of r aising/improvement of Silchar-Jiribum Road Sector of NH-53 and widening of NH-Do uble land specification by BRTF, the estimated amount though deposited by the BR TF with the Collector, Cachar at Silchar, the said amount has not been released to the petitioners as yet, despite taking over the possession of the land. The learned counsel for the petitioners, therefore, prays for a directio n to the respondent authorities, more particularly, the Collector, Cachar at Sil char, the respondent No.2, to release the amount to which they are entitled to u nder the provisions of the Land Acquisition Act, 1894 (in short, \the Act\). Mr. Hussain, learned Central Government Counsel appearing for the respon dent Nos.5 and 6 has submitted that the estimated amount of Rs.1,26,83,232/- has been deposited with the Collector vide defence cheque No.855466 dated 31st Marc h, 2008 on account of the acquisition of the additional land and, therefore, it is the responsibility of the Collector to disburse the said amount to the person s, who are entitled to receive the same under the provisions of the said Act. Mr. Talukdar, learned Additional Senior Government Advocate, Assam appea ring for the respondent Nos.1 to 4 has submitted that the amount, if deposited b y the respondent Nos.5 and 6, would definitely be released to the persons, who a re entitled to receive the same, within a period of 45 (forty-five) days from to day. It appears from the notice issued under Section 4 of the said Act that t he land measuring more or less 19 Bighas 19 Kathas 4 Chattaks, as described abov e, was proposed to be acquired for the aforesaid purpose by registering LA Case No.13/2008-09. It is also the case of the petitioners that the possession of th e land has been taken over by the Collector, which is also evident from the noti fication dated 10th November, 2009. The further case of the petitioners is that the declaration, as required under Section 6(1) of the aforesaid Act, was there after, made and though the Executive Engineer (Civil), SG, Officer Commanding of 115 Road Construction, COV (GRDP), C/o 99 APO has deposited the sum of Rs.1,26, 83,232/- with the collector, Cachar at Silchar, the said amount has not been rel eased to the petitioners. No affidavit-in-opposition has been filed by any of the respondents cont roverting the statements made by the petitioner in the writ petition. Having regard to the aforesaid facts as well as the submissions made by the learned counsel appearing for the parties, the writ petition is disposed of with the direction to the Collector, Cachar at Silchar to release the amount dep osited by the respondent Nos.5 and 6 for acquisition of the land, to the persons interested and entitled to receive the said amount. The said exercise is direc ted to be made within a period of 45 (forty-five) days from today. The writ petition is accordingly disposed of. No costs.