WP(C) 2048/2011 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. AS Choudhury, learned Sr. Counsel for the petitioners, Mr. C Baruah, l earned Central Government Counsel appearing for the respondent Nos.1 and 2 and M rs. VL Singh, learned State Counsel appearing for the respondent Nos.3 to 7. The grievance of the petitioner in the present petition is that though they are entitled to the adequate compensation for the Zirat as well as the houses constr ucted over the Government land, which was taken over for widening of the Nationa l Highway No.40, the competent authority under the provisions of Section 3(G) of the National Highway Act, 1956 has not passed any order assessing the amount of compensation payable to the petitioners in respect of such houses and other str uctures standing on the land. No affidavit-in-opposition has been filed by any of the respondents. Mrs. Singh, learned State Counsel, on the basis of the written instruction furni shed by the Additional Deputy Commissioner, who is the competent authority under the provisions of the aforesaid Act, has submitted that the petitioner being no t the land owners or pattadars of the said land and their names having not appea red in the LA records furnished by the Circle Officer of Sonapur Revenue Circle, they are not entitled to the compensation. The learned State Counsel, however, has submitted that no formal order to that effect has been passed by the compet ent authority as yet. Mr. Choudhury, learned Sr. Counsel appearing for the petitioners has submitted t hat under Section 3(G) of the said Act, the competent authority, namely the Addi tional Deputy Commissioner, is required to determine the amount of compensation payable, which has not been done by the said authority till date. Mr. Barua, learned Central Government Counsel appearing for the respondent Nos.1 and 2 has also submitted that since there is no determination of compensation a nd no order has been passed assessing any compensation, there is no question of making any deposit by the respondent Nos.1 and 2 for payment to the petitioners. Admittedly, no final order has been passed by the competent authority, namely th e Additional Deputy Commissioner, on the prayer made by the petitioners for asse ssment of compensation. That being the position, the present petition is disposed of with the direction to the Additional Deputy Commissioner, Kamrup (M), Guwahati to consider the case of the petitioners and to pass necessary order relating to the determination of the amount of compensation, as required under Section 3(G) of the said Act and in the event, the petitioners are found to be entitled to the same, the amount o f compensation shall be determined and the respondent Nos.1 and 2 accordingly sh all be informed about such determination, so that the amount, if any, found to b e payable is deposited with the Additional Deputy Commissioner for payment to th e persons concerned. The said exercise is directed to be done within a period o f 2 (two) months from the date of receipt of the certified copy of the order pas sed today alongwith the copy of the writ petition and its annexures appended the reto to be filed by the petitioners before the said authority. The writ petition is accordingly disposed of. No costs.