WP(C) 1453/2010 BEFORE THE HON’BLE MR JUSTICE B. P. KATAKEY Heard Mr MH Rajborbhuyian, learned counsel for the petitioners in WP(C) No.1453/ 2010; Mr AK Goswami, learned senior counsel for the petitioners in WP(C) No.2897 /2009; Mrs VL Singha, learned State counsel appearing for the State respondents in both the writ petitions; Mr S Baruah, learned counsel for the Assam Rifles in WP(C) No.1453/2010; and Mr NK Baruah, learned counsel for the Assam Rifles in W P(C) No.2897/2009. Since the matters pertain to claim for compensation in respect of the la nd measuring 110 Bigha, both are taken up together for hearing and disposal, as agreed to by learned counsel for the parties. It is the contention of the writ petitioners that lands measuring 110B-1 0K-13C was vested in the Government of Assam under the provisions of the Assam F ixation of Ceiling on Land Holdings Act 1956, being ceiling surplus, which was a llotted to them along with 41 others in the year 2003, being entitled to allotme nt under the provisions of the 1956 Act and in due course of time pattas were al so issued vide order dated 18 August 2003. It is also the case of the petitioner s that on 25 June 2006 notification under Section 4(1) of Land Acquisition Act 1 894 was issued for the acquisition of the lands, measuring 206B-2K-14C, in villa ge Srikona Grant, P.S. Chatla Haor, District: Cachar for a public purpose, that is, for use by Assam Rifles and thereafter the declaration under Section 6 of th e LA Act was issued on 27 June 2008. It is also the case of the petitioners that along with land measuring 206B-2K-14C, the land measuring 110B-10K-13C over whi ch they along with 41 others had been in possession and in respect of which patt as have been issued in their favour, was also handed over to the Assam Rifles, w ithout, however, paying compensation to them. They, therefore, by present petiti ons, have prayed for a direction to the respondents to pay compensation in respe ct of the land settled in their favour. Learned counsel for the petitioners, in the backdrop of the aforesaid fa ctual assertion, has submitted that as the land measuring 110B was allotted and in due course of time pattas were issued in favour of the petitioners and others , they are entitled to acquisition compensation, which has not been paid. Referr ing to the averments made in the affidavits-in-opposition filed by the responden t Nos.3 & 8 in WP(C) No.1453/2010, learned counsel for the petitioners has submi tted that there is no dispute that possession of 110B-10L-9C along with 206B-2K- 14C of lands, in respect of which a proceeding under the 1894 Act was initiated, was handed over to the Assam Rifles and the estimated amount of Rs.1,36,15,640/ - towards value of land measuring 110B-10K-9C was deposited before the Collector by the Assam Rifles on 17 April 2008, but petitioners are yet to be paid. Learned State counsel appearing for State respondents, referring to the averment s made in the affidavit filed by the respondent No.3, has submitted that there i s no dispute that the possession of the land measuring 316B-13L-11C, which incl udes ceiling surplus land of 110B-10L-9C, was handed over to the Assam Rifles. I t has been submitted that by virtue of 1956 Act, the said land vests on Governme nt and since the petitioners were not found to be in possession, they are not en titled to any compensation. Learned counsel for the Assam Rifles, in both the writ petitions, referr ing to the affidavit-in-opposition filed in WP(C) No.1453/2010, have also submit ted that the possession of 316B-12K-11C of land was handed over by the Collector to the Assam Rifles and the estimated cost of Rs.8,33,57,197/- was paid to the Collector on 17 April 2008 by the Assam Rifles, out of which Rs.1,36,15,640/- w as in respect of 110B-10K-9C of land, said to be ceiling khas land. According to learned counsel, whatever amount was estimated and due and payable by the Assam Rifles has already been paid to the Collector. It appears from the averments made in the writ petition, as has been dis cussed above, that the Collector has initiated land acquisition proceeding under provisions of 1894 Act in respect of 206B-2K-17C by issuing notification under Section 4 on 25 June 2008 and declaration under Section 6 on 27 June 2008. It is also not in dispute that along with aforesaid land of 206B-2k-14C, the possessi on of 110B-10K-13C, stated to be Government khas land, was also handed over to t he Assam Rifles by the Collector, which is presently under the possession of the Assam Rifles as the latter was in need of such land. The deposit of a sum of Rs .1,36,15,640/- by Assam Rifles in respect of the land measuring 110B-10K-13C is also not in dispute. As noticed above, the petitioners claim that in respect of the land meas uring 110B-10K-13C pattas were issued in their favour pursuant to earlier allotm ents made and they had been in possession for more than 20 years as on 18 August 2003, which land was vested on Government of Assam by virtue of provisions of t he 1956 Act. The possession of the said land was handed over to the Assam Rifles sometime during the year 2008, for which the Collector had received a sum of Rs .1,36,15,640/- as was estimated by him. There being no dispute regarding receipt of the aforesaid sum of Rs.1,36 ,15,640/- in respect of 110B-10K-13C of land, and since petitioners are claiming that pattas in respect of the said land have been issued in their favour, the p resent writ petition is disposed of with a direction to the Collector, Cachar at Silchar(respondent No.3) to verify as to whether any patta in favour of the pet itioners and others were issued in respect of the land measuring 110B-10K-9C and on such verification if any patta is found to have been issued in respect of th e land measuring 110B-10K-9C or any part thereof, the proportionate amount of co mpensation, as was estimated and which had been received by the Collector, shall be paid to petitioners and other similarly placed persons. The entire exercise is directed to be completed within a period of three months from the date of receipt of the certified copy of this order to be produ ced by the petitioners before the Collector. The writ petitions are accordingly disposed of. No costs.