WP(C) 4185/2009 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr R Sarma, learned counsel for petitioners. Also, Mr BJ Talukdar, learned State counsel appearing for the respondents. The grievance of petitioners in this petition is that though land measur ing 2853-bigha 2-katha and 18-lecha that belonged to petitioner No.1-satra had b een acquired by the authority ~ in the government of Assam ~ under provisions of Assam State Acquisition of Lands belonging to Religious or Charitable Instituti on of Public Nature Act 1959 (in short, the Act) ~ by issuing the notification u nder Section 3(1) of the Act in the Assam Gazette on 4.2.1970, the compensation payable under Section 7 thereof has not yet been paid to it, despite submission of various representations. No affidavit-in-opposition has been filed by any of the respondents. Learned counsel for petitioners has submitted that since the aforesaid l and of the petitioner-satra had been acquired under provisions of the Act, the s atra is entitled to the compensation under Section 7 thereof, which has not been paid till date. Producing a copy of order dated 29th Nov 2009(8.10.2009) passed by Deputy Commissioner, Jorhat, learned counsel has submitted that though the g overnment of Assam had on 3.9.2009 sanctioned an amount of rupees one lakh fifty thousand four hundred and fourty-four being the perpetual annuity for 1416 B.S. in favour of the satra under Section 8(5) of the Act, the said amount has also not been released to it. Learned State counsel has submitted that the petitioner-satra would defi nitely be paid the compensation, which they are entitled to under the provisions of Act, after making necessary assessment as required under Section 8 thereof. It has also been submitted that the amount sanctioned vide order dated 29th Nove mber 2009 (8.10.2009) passed by Deputy Commissioner, Jorhat, shall also be paid to the petitioner, if not already paid. It appears from the notification issued under Section 3(1) of the Act an d published in the Assam Gazette on 4.2.1997, that the land measuring 2853-bigha 2-katha 18-lecha belonging to petitioner No.1-satra had been acquired by the au thority in the government of Assam. Section 7 provides that every religious or charitable institution whose lands have been acquired under the provisions of th e Act shall be paid compensation, which shall be determined on the principles la id down in Section 8. It is the contention of the petitioners that in spite of c laim made for payment of compensation under provisions of the Act, there was no determination in that regard, and although Deputy Commissioner, Jorhat, by the o rder dated 29th November 2009 (8.10.2009) had directed the nazrat/cashier of th e DeputyCommissionerate to draw an amount of rupees one lakh fifty thousand four hundred and fourty-four ~ sanctioned by the government of Assam ~ for payment to the petitioner under Section 8(5) of the Act, the same has not yet been paid. Keeping in view the aforesaid position, the present petition is disposed of directing the Deputy Commissioners ~ Jorhat, Nagaon, Lakhimpur and Golaghat districts ~ to determine the amount of compensation payable in respect of the af oresaid land, falls within their respective jurisdiction, that had been acquired by issuing the notification in the Assam Gazette on 4.2.1970, within fourty fiv e days from today. On completion of such exercise, the amount found to be due an d payable to the petitioner-satra shall be paid within one month thereafter. The Deputy Commissioner, Jorhat, shall also release the amount of rupees one lakh f ifty thousand four hundred and fourty-four, sanctioned by the order dated 29th S eptember 2009(8.10.2009), in case the said amount has not already been released in favour of the petitioner-satra. The writ petition is disposed of as indicated above. No costs. Copy of order dated 29th September 2009 (8.10.2009) as produced by learn ed counsel for the petitioner is kept on record.