WP(C) 2121/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY JUDGMENT & ORDER (Oral) Heard Mr. Hussain, learned counsel for the petitioner, Mr. Handi que, learned State counsel appearing for the respondent Nos.2, 7, 8 and 9 and Mr s. Bora, learned Central Government counsel appearing for the respondent Nos.1, 3, 4, 5 and 6. [2] The petitioner by the present petition has challenged the decisi on of the Government to sanction an amount of Rs.12,714/- as monthly rent with e ffect from the date of transfer of the land and property to the new owner, namel y M/s Bizari Veneer & Saw Mills, Diphu to 28th February, 2009 or to the date of vacation of the premises, whichever is earlier, in respect of the occupied porti on of the Saw Mills belonging to the said firm for accommodating the CRPF person nel deployed for Counter Insurgency Operations in the district of Karbi Anglong. According to the petitioner, pursuant to the Division Bench order dated 26th F ebruary, 2007 passed in Writ Appeal No.77/2007, the Deputy Commissioner, Karbi A nglong assessed the amount of monthly rent payable to the petitioner at Rs.2,35, 559/-, apart from the electrical charges payable to the ASEB and accordingly, in formed the Commissioner & Secretary to the Government of Assam, Political (A) De partment vide communication dated 10th October, 2007, which amount, however, has been unilaterally reduced by the Government and sanctioned the aforesaid amount of Rs.12,714/- as the monthly rent [3] Mr. Hussain, learned counsel for the petitioner submits that sin ce the petitioner is entitled to the rent in respect of the premises to the tune of Rs.2,35,559/- per month as assessed by the Deputy Commissioner, Karbi Anglon g, pursuant to the directions contained in the aforesaid order dated 26th Februa ry, 2007 passed in the aforesaid writ appeal, the said amount cannot be reduced by the Government that too unilaterally, as has been done in the instant case. It has, therefore, been submitted that the Commissioner & Secretary to the Gover nment of Assam, Political (A) Department may be directed to sanction the amount as fixed by the Deputy Commissioner, Karbi Anglong vide communication dated 10th October, 2007. [4] Mr. Handique, learned State counsel referring to the averments m ade in the affidavit-in-opposition filed by the respondent No.7 has submitted th at though the Deputy Commissioner initially ascertained the amount of rent payab le to the petitioner at Rs.2,35,559/- per month and the Government was according ly informed vide communication dated 10th October, 2007, subsequently upon verif ication of the relevant materials, it was found that the petitioner is entitled to Rs.12,714/- per month towards the rent, which was sanctioned by the Governmen t vide sanction letter dated 3rd June, 2008. It has also been submitted that fo r scrutiny of the claim of the petitioner, a committee was constituted and the a mount was sanctioned on the basis of the committee’s report. Mr. Handique, howe ver, has fairly submitted that the affidavit filed by the respondent No.7 does n ot disclose giving any hearing to the petitioner before deciding to sanction Rs. 12,714/- as the monthly rent, though the Deputy Commissioner vide communication dated 10th October, 2007 informed the Commissioner & Secretary to the Government of Assam, Political (A) Department that the amount of Rs.2,35,559/- per month i s to be paid to the petitioner towards the rent. [5] Mrs. Bora, learned Central Government counsel appearing for the aforesaid respondents referring to the averments made in the affidavit-in-opposi tion filed by the Deputy Inspector General of Police, CRPF has submitted that th e original owner out of his own volition has allowed the CRPF personnel to occup y the premises in question without any condition for payment of rent and as such , the petitioner is not entitled to any rent. [6] It appears that in the aforesaid order dated 26th February, 2007 passed in Writ Appeal No.77/2007, it has been observed that the present petitio ner, who was the appellant in the said appeal, appears to be entitled to compens ation for use and occupation of the factory premises with effect from the date h e had acquired title over the same. The said writ appeal was disposed of giving liberty to the present petitioner to prefer a representation before the Deputy Commissioner, Karbi Anglong claiming the rent and also directing the Deputy Comm issioner to examine the matter and assessed the reasonable compensation/rent in accordance with law. [7] The Deputy Commissioner, thereafter, as is evident from the comm unication dated 10th October, 2007 (Annexure-14 to the writ petition), appears t o have assessed the monthly rent payable to the petitioner at Rs.2,35,559/-. Th e assessment of such compensation was communicated to the Commissioner & Secreta ry to the Government of Assam, Political (A) Department by the Deputy Commission er vide communication dated 10th October, 2007. It also appears from the averme nts made in the affidavit-in-opposition filed by the respondent No.7 that the Go vernment thereafter, made an enquiry through a Committee constituted and on the basis of the report of the Committee has sanctioned an amount of Rs.12,714/- as monthly rent, which was communicated to the Accountant General (A & E), Assam vi de communication dated 3rd June, 2008. Admittedly, the Committee did not hear t he petitioner and the decision to reduce the same was taken unilaterally. That being the position, the prayer made by the petitioner for payment of monthly ren t in terms of the assessment made by the Deputy Commissioner, as reflected in th e communication dated 10th October, 2007, cannot be granted unless the entitleme nt of such amount is ascertained. [8] The writ petition is, therefore, disposed of directing the Commi ssioner & Secretary to the Government of Assam, Political (A) Department to reco nsider the entire matter, if necessary, by constituting a Committee to make enqu iry to that effect, which shall necessarily hear the petitioner also and to pass a fresh order after hearing the petitioner. The petitioner shall file all nece ssary documents before the Commissioner & Secretary, so as to enable him to arri ve at a just decision relating to the amount of rent payable to the petitioner. The amount of rent payable per month to be assessed by the Commissioner & Secre tary shall be paid to the petitioner. The entire exercise relating to the ascer tainment of amount of monthly rent payable is directed to be completed within a period of 3 (three) months from the date of production of the certified copy of the order passed today by the petitioner before the Commissioner & Secretary to the Government of Assam, Political (A) Department. [9] The Writ petition is accordingly disposed of. No costs.