WP(C) 3800/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Dey, learned counsel for the petitioners, Mr. Talukdar, learne d Addl. Senior Govt. Advocate, Assam for the respondent Nos. 2, 4 and 5 as well as Ms Huda, learned CGC for the respondent Nos. 1 and 3. The petitioners, by the present petition, have prayed for a direction to the respondent authorities to determine and pay the compensation payable in res pect of the land belonging to them, which has been acquired under the provision of the National Highway Act, 1956 for widening of the National Highway 31. According to the petitioners, though the land under their possession ear lier vested on the Govt., under the provision of the Assam Fixation of Ceiling o n Land Holding Act, 1956, the same being ceiling surplus land was allotted to th em by the Govt. of Assam. It is also the case of the petitioners that though the said land has been acquired under the provision of the National Highway Act, 19 56 by issuing necessary declaration in that regard, the compensation has not bee n paid till date. The respondent No. 4 in the affidavit-in-opposition has taken the stand that since there is no record to show that the land in question was ever allotte d to the petitioners, they are not entitled to any compensation. No affidavit-in-opposition has been filed by the respondent Nos. 1 and 3. Mr. Dey, learned counsel for the petitioners has submitted that since th e land has been allotted to the petitioners they are entitled to compensation un der the provision of the National Highway Act, the said land having been acquire d, which, however, has not been paid, on the ground that there is no record with the Collector relating to the allotment of the land to the petitioners. The lea rned counsel for the petitioners, therefore, submits that the petitioners are re ady and willing to produce the proof of allotment before the Collector. Ms Huda, learned CGC appearing for the respondent Nos. 1 and 3 on the ba sis of the instruction received has submitted that the authority to determine th e admissibility or otherwise of the compensation is the Collector and once the C ollector determines the compensation and to whom such compensation is payable, t he Govt. of India would make available the required fund to the Collector for pa yment to the persons concerned. Mr. Talukdar, learned Addl. Senior Govt. Advocate, Assam placing relianc e on the affidavit-in-opposition filed by the respondent No. 4 has submitted tha t the petitioner cannot be paid any compensation, as there is no record relating to the allotment/settlement of the land in their favour. Mr. Talukdar has fairl y submitted that in the event the petitioners produce the proof of allotment of the land under the provision of the 1956 Act, the Collector would definitely pas s the necessary order for payment of compensation. It is not in dispute that the land under the possession of the petitione rs has been acquired and the compensation claimed has not been paid by the Colle ctor as there is no record of allotment/settlement made in their favour. Since the compensation has not been paid to the petitioners only on the ground that there is no record of allotment/settlement of the land with the Coll ector, the present petition is disposed of with the liberty to the petitioners t o approach the Collector, Kamrup, Rural by way of representation enclosing the p roof of allotment/settlement of the land in their favour together with the copy of this order passed today. The Collector, thereafter, shall pass necessary orde r on such representation taking into account all the relevant materials. In case the petitioners are found to be entitled to any compensation, the National High way authority of India would be informed for depositing such amount for payment to the petitioners. The entire exercise is directed to be completed within a period of four months from the date of filing the representation. The writ petition is disposed of. No costs.