WP(C) 3684/2010 BEFORE THE HON’BLE MR JUSTICE B. P. KATAKEY The grievance of the petitioner, in present petition, is for nonpayment of the c ompensation payable for the acquisition of land under the provisions of the Nati onal Highway Act 1956 (in short, the Act). I have heard Mr M Khataniar, learned counsel for the petitioner as well as Mrs VL Singha, learned State counsel appearing for the respondents. It has been submitted by learned counsel for the petitioner that though land measuring 18 Lecha, covered by dag No.225 of KP Patta No.146 of village Jal imura, mouza Modartola in the district of Kamrup(Rural) belonging to the petitio ner was acquired by the competent authority under the provisions of the Act and though there was a dispute as to whom such payment is to be made, for which the notice was issued by the Addl Deputy Commissioner fixing 31 March 2010, the said proceeding has not been finalized as yet, as required under Section 3(H)(3) of the Act. Learned counsel, therefore, has submitted that present writ petition be disposed of with a direction to Deputy Commissioner, Kamrup (Rural) to decide t he said proceeding within a fixed period of time, as petitioner has been deprive d of such compensation. Though no affidavit-in-opposition has been filed, learned State counsel, on instruction, has submitted that an award had been passed and the amount is r eady for disbursement to the right person, but as a dispute regarding the paymen t has been raised by certain persons, the said amount could not be disbursed to any one. It has also been submitted that the Deputy Commissioner would take the final decision in the matter within a reasonable period of time. There is no dispute relating to acquisition of aforesaid land. An award has been passed, but the amount could not be released to any one because of cert ain dispute raised by some family members of the petitioner. It also appears tha t the Addl Deputy Commissioner had issued notice to all concerned fixing 31 Marc h 2010 as the date for hearing relating to the payment of compensation for the a foresaid land, which proceeding has not been finalized till date. Sub-section (3) of Section 3(H) of the Act provides that where several persons c laim to be interested in the amount deposited under sub-section (1), the compete nt authority shall determine the persons who in his opinion are entitled to rece ive the amount payable. Competent authority has been defined in clause (a) of section 3 - to be a person or authority authorized by the Central Government by notification in the Official Gazette to perform the functions of the competent a uthority for such area as may be specified in the notification. Since sub-section (3) of section 3(H) of the Act requires the competent authority to decide the dispute relating to persons to whom compensation is paya ble, and as the notice, as stated above, has already been issued to all concerne d parties, the competent authority cannot keep the said matter pending for an in definite period of time. That being the position, present writ petition is disposed of with a dir ection to the competent authority, who is said to be the Deputy Commissioner, Ka mrup(Rural), to decide the said proceeding within a period of two months from th e date of production of certified copy of this order before him by the petitione r. The writ petition is accordingly disposed of. No costs.