WP(C) 5799/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms Dutta, learned counsel for the petitioners as well as Mr. Bora, learned State counsel for the respondents. The grievance of the petitioners is that though the land measuring 12 lechas cov ered by Dag No. 723 of Periodic Patta No. 11 under Sahar Sarania Part II, Mouza Ulubari in the district of Kamrup was acquired by the authority by registering a n LA case No. 11/2006 for widening the GNB Road at Guwahati the compensation pay able has not been paid to the petitioners despite making several representations for that purpose. The petitioner, therefore, prays for a direction to the respo ndents to pay the compensation to which they are entitled under the provision of the Land Acquisition Act, 1894. Though no affidavit-in-opposition has been filed by any of the respondents, Ms D eka, learned counsel appearing for the respondent Nos. 2 and 4 on the basis of t he instruction received has submitted that the amount as estimated by the Collec tor, Kamrup, Guwahati has already been deposited with the Collector on 2.2.2009. Mr. Bora, learned State counsel has also submitted that the said amount has been received from the respondent Nos. 2 and 4 but could not be released in favour o f the petitioners as the Govt. of Assam in the Revenue Department has not commun icated to the Collector giving the approval to the proposal to release the amoun t to the petitioners. The initiation of the land acquisition proceeding under the provision of the Lan d Acquisition Act, 1894 in respect of the aforesaid land belonging to the petiti oners and taking over the possession for widening of the GNB Road in Guwahati is not in dispute. It is also not in dispute that the requiring Department has in terms of the estimate made by the Collector deposited the amount with the Collec tor, which, however, has not been disbursed to the petitioners only on the groun d that the Collector has not received any communication for releasing the said a mount from the Department of Revenue, Govt. of Assam. The proceeding for acquisition of the petitioners’ land under the aforesaid Act having been initiated and the possession of the said land admittedly having been taken over before passing the award, the petitioners are entitled to payment of compensation under the provision of the aforesaid Act, which cannot be denied t o them. That being the position, the Collector, Kamrup at Guwahati is directed to releas e the amount to the petitioners to which they are entitled for acquisition of th eir land. The same shall be done within a fortnight from today. The writ petition is accordingly disposed of. No cost.