WP(C) 5650/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Rajborbhuiyan, learned counsel for the petitioners as well as the learned standing counsel, Water Resources Department and Finance Department appearing for the respondent Nos. 1, 4 and 5 and the respondent No. 6 respective ly. Also heard Mr. Talukdar, learned Addl. Senior Govt. Advocate appearing for t he respondent Nos. 2 and 3. The petitioners, who are the owners in respect of the land measuring 3 b ighas 4 kathas covered by Dag No. 394 of Patta No. 131 of village Srikona Part I I Pargana, Rajnagar in the district of Cachar by the present petition, have pray ed for a direction to the respondent authorities to deposit the amount of Rs. 16 ,30,158/- as estimated by the District Collector and approved by the Govt. of As sam in the Revenue Department for payment as compensation to the petitioners for acquisition of the said land. It appears that certain land was initially acquired in the year 1969 for construction of the sluice gate by the Flood Control Department of the Govt. of Assam. In the acquisition proceeding, instead of Dag No. 394 Dag No. 314 was me ntioned, which was a Govt. khas land, for which a suit being Title Suit No. 38/1 989 was filed by the petitioners claiming right, title and interest as well as f or recovery of possession contending that the petitioners have been deprived fro m enjoyment of the suit land by the Flood Control Department as the sluice gate has been constructed over the suit land. The suit was partly decreed by the lear ned Civil Judge (Senior Division), Cachar at Silchar vide judgment and decree da ted 5.10.1998 declaring the right, title and interest over the suit land but ref using to pass the decree for khas possession on the ground that the land has alr eady been taken over by the Govt. for construction of the sluice gate/bund. The petitioner thereafter filed the RFA No. 41/1999 which was disposed of vide order dated 24.9.2003 directing the District Collector, Cachar to determine the compe nsation in respect of the said land and to pay the said amount to the plaintiffs /petitioners. The Deputy Commissioner who is the Collector thereafter issued the decla ration on 26.9.2005 to acquire the said land measuring 3 bighas 4 kathas. An amo unt of Rs. 16,30,158/- has also been estimated as compensation for payment to th e landholders for acquisition of the said land. The Deputy Commissioner vide com munication dated 3.7.2005 issued to the Executive Engineer, Water Resource Depar tment, Silchar asked for placing the said amount at the disposal of the Deputy C ommissioner for disbursement. Such estimated amount has also been approved by th e Govt. of Assam in the Revenue Department, as it appears from the communication dated 29.7.2010 issued by the Deputy Secretary to the Govt. of Assam, Revenue ( LR) Department. The petitioners have filed this petition, as noticed above, for directin g the respondents to pay the said amount contending that despite submission of t he estimate, which was approved by the Govt. of Assam in the Revenue Department, the said estimated amount has not been paid to them. The respondent No. 1 in the affidavit-in-opposition has not disputed the contention of the petitioners that the aforesaid amount of Rs. 16,30,158/- has been estimated, which is required to be deposited with the Deputy Commissioner/D istrict Collector, Cachar district. In the said affidavit it has, however, been stated that due to paucity of fund the amount could not be deposited with the Co llector. It is not in dispute that the petitioners have been deprived from enjoym ent of the aforesaid land since the year 1969. The petitioners have also got the decree in their favour in the aforesaid Title Suit as well as the first appeal. Vide order dated 24.9.2003 passed in the aforesaid RFA a direction was issued t o the District Collector to assess the compensation within a period of four mont hs and to pay the same to the plaintiffs/petitioners. As noticed above, the Deputy Commissioner has estimated the compensation at Rs. 16,30,158/- and though the Executive Engineer in the Water Resource Depa rtment was asked to deposit the said mount for payment, the same have not been d one by the Water Resource Department till date. According to the respondent No. 1 due to paucity of fund the same could not be deposited with the Deputy Commiss ioner. Since the petitioners have been deprived from the enjoyment of the land from the year 1969 and the amount of compensation has been estimated, the respondents ca nnot for an indefinite period of time refuse to deposit the amount on the pleas of financial constraints. In view of the above, the respondents more particularly the respondent N os. 1 and 6 are directed to deposit the aforesaid amount of Rs. 16,30,158/- with the District Collector, Cachar within a period of three months from today. The respondent No. 3 on such deposit shall release the amount to the persons to whom such amount is required to be released. The writ petition is accordingly allowed to the extent indicated above. No cost.