WP(C) 945/2010 BEFORE HON’BLE MR JUSTICE B P KATAKEY Heard Mr Sheeladitya, learned counsel for the petitioners and Ms Huda, learned C entral Government Counsel appearing for the respondent nos.1 to 5. Also heard Mr J Handique, learned state counsel appearing for the respondent no.6. Grievance of the petitioners in the present petition is that though they are owners of a plot of land measuring 29-bigha 1-katha 5-lecha at different da gs of patta nos.3, 4, 19, 46, 49 and 50 in village Minasundari, Modertola mouza, in Kamrup(Rural) district, the possession thereof has been taken over by the Ar my authority without paying any compensation. The petitioners, therefore, prayed for a direction to the respondent authorities for assessing the compensation fo r the land and to pay the same to them. Learned counsel for the petitioners submitted that since the Army author ity is possessing the aforesaid plot of land without paying compensation for tha t purpose, the said authority be directed to pay adequate compensation after ini tiating the acquisition proceedings as laid down in the Land Acquisition Act 189 4. Learned Central Government Counsel appearing for the respondent nos.1 to 5, referring to averments made in the affidavit-in-opposition filed, has submit ted that a land acquisition proceeding being LA Case no.2/86-87 was initiated fo r acquisition of 123-bigha 1-katha 6-lecha of land by issuing the necessary noti fication and declaration. It is also submitted that that if the Army authority i s found to be in possession of any land that belongs to petitioners, it is agree able to pay the adequate compensation under provisions of the 1894 Act, subject however to making a joint-survey/demarcation thereof. It is therefore submitted that the Collector, Kamrup(Rural) district be directed to have a joint-survey/ d emarcation of the land in possession of the Army authority and if on such exerci se any land belonging to the petitioners is found to be in possession by the Arm y authority, they will request the Collector to initiate appropriate proceeding for acquisition of such land under the 1894 Act. Learned state counsel submitted that the Collector will make necessary a rrangements for the joint survey/ demarcation by appropriate revenue authority a nd in case any land of the petitioners is found to be in possession of the Army authority, the proceeding under the 1894 Act would be initiated and adequate com pensation would be assessed and paid to those who are found to be entitled to re ceive such compensation, subject to the request that may be made by the Army aut hority for acquisition of the land belonging to the petitioners. As noticed above, the claim of the petitioners is that though they are t he owners of the aforesaid land, the Army authority is possessing the same witho ut paying any compensation and without initiating any acquisition proceeding und er the provisions of the 1894 Act. The Army authority is not averse to initiatio n of acquisition proceeding and making payment of compensation under provisions of the 1894 Act, provided the petitioners’ land is occupied by it. That being the position, the present petition is disposed of directing the Colle ctor, Kamrup(Rural) to depute the appropriate revenue authority to conduct a joi nt-survey/demarcation in presence of representatives of the Army authority vis-à -vis the petitioners and if on such exercise it is found that any land belonging to petitioners or any of them are in possession of the Army authority, necessar y steps shall be taken by the Army authority for requesting the Collector to ini tiate the proceedings under provisions of the 1894 Act. The Collector, Kamrup(Ru ral), thereafter, shall initiate the proceeding and pass necessary award for com pensation payable to those who are entitled to receive the same. The entire exer cise is directed to be completed within a period of eight months from today. The writ petition is accordingly disposed of. No costs.