MC 2428/2009 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE (ACTING) THE HON’BLE MR. JUSTICE AC UPADHYAY By order dated 04.03.2009 Writ Appeal No.245/2008 was disposed o f by this Court with the following directions: (i) The appellants will make a precise claim of the amount payable to them u nder Section 3G of the above mentioned Act in view of the acquisition of their p roperty. (ii) The competent authority, i.e., the Respondent No.4, on receipt of the said claim will examine the claim and pass appropriate order in accordance with law w ithin a period of six weeks from the date of receipt of the claim and make the p ayment of the amount, if any payable on such a determination referred to above w ithin a period of two weeks therefrom. (iii) On such payment the appellants s hall handover peaceful possession of the property that is under acquisition with in a period of one week from the date of receipt of the amount referred to above . (iv) If, either the appellants or the Union of India, which acquired the prop erty is not satisfied with the determination made by the competent authority ref erred to above, it is open to either of them to seek arbitration in the matter a s contemplated under Section 3G(5). Admittedly, the amount payable to the petitioners within six wee ks from the date of receipt of the claim was paid in the month of August, 2009. Without going into the dispute raised by the parties with regard to the reasons for delay in payment, what cannot be denied is that on account of the same the A pplicants have not been able to complete the construction of their new house whi ch at present is incomplete. In the meantime, the Applicant No.1’s daughter’s ma rriage has been fixed on 29.09.2009. Consequently, by filing this Misc. Applicat ion, the Applicants pray that the Applicants be allowed to vacate the premises i n their possession by the end of October, 2009 instead on 09.09.2009, i.e., two weeks from the date of receipt of payment as ordered by this Court earlier. In the Misc Application filed, the Applicants have also stated t hat if the Applicants are allowed to retain possession of the land and premises in question till 31st October, 2009, the same will not come in the way of the construction of the four-lane High Way, in view of the present progress of the o f the said work. In the Misc. Application, the Applicants have also undertaken t o extend all possible assistance to the authorities to carry out the work in the event the same is required. There is no counter to the aforesaid statements mad e in the application filed by the Applicants. In the above circumstances and having regard to the peculiar fac ts of the case, we are of the view that our earlier order dated 04.03.2009 shoul d be modified to the extent that the Applicants shall now hand over possession e tc. of the land and premises on 31.10.2009. The Misc. Case is accordingly disposed of.