WP(C) 4117/2011 BEFORE HON’BLE MR JUSTIC B P KATAKEY ORDER(ORAL) Heard Mr AK Bhattacharyya, learned Senior Counsel for the petitioner and Mr I Hussain, learned Central Government Counsel(CGC) appearing for the respond ent no.1. Also heard Mr GN Sahewalla, learned Senior Counsel appearing for the r espondent no.2 and Mrs HM Phukan, learned state counsel appearing for the respon dent no.3 as well as Mr PJ Phukan, learned Standing Counsel for the Assam Pollut ion Control Board appearing for respondent no.4. 2) The petitioner, by this writ petition, has challenged the action on the part of the respondent authorities for taking over of the land measuring 433-big ha belonging to it under the provisions of the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act, 1962 (in short, the Act), basically on the grounds that in respect of the earlier acquisition of land measuring 114 -bigha, the entire amount of compensation has not been paid; though there was in dustrial pollution because of the activities of the respondent ONGC resulting in the damage to the crops of the petitioner in the land other than the acquired o nes, no amount towards such damage has been paid and also on the ground of non-a ssessment of the compensation payable for 433-B of land taking into account the tripartite agreement reached between the petitioner, the respondent ONGC and the competent authority on 12.6.2010. 3) The petitioner, therefore, has prayed for a direction to the respondent authorities to pay the entire amount of compensation in respect of the aforesaid 114-bigha of land; to assess the compensation for the damage caused to other la nd because of the industrial pollution by the ONGC, and also to make a proper as sessment of the compensation payable for the 433-bigha of land. 4) Learned Senior Counsel for the petitioner submits that keeping in view t he case as projected by the parties in their respective affidavits, this petitio n may be disposed of directing the competent authority:- (i) to verify as to wh ether the entire amount of compensation payable in respect of 114-bigha of land earlier acquired has been paid and, if not, to direct the authority to work out the unpaid amount payable by the ONGC and to pay the same; (ii) to direct the co mmittee constituted at the tripartite meeting held on 25.7.2011, with the Additi onal Deputy Commissioner, Sivasagar, as the Chairman, the DGM(C&M), ONGC, as Mem ber-secretary, and the Manager, Lukwah Tea Estate(RNT), as Member, to look into the matter relating to the alleged pollution caused by the ONGC and to take a de cision relating to the compensation payable in that regard; (iii) and to direct the competent authority to reassess the amount of compensation payable by taking into account the Evaluation Report submitted by the Chief Advisory Officer of T ea Research Association, Tocklai Experimental Station, Jorhat, apart from the co mmunications dated 7th and 8th October, 2010, and also the decision taken at the tripartite meeting held on 12.6.2010, as those were not considered by the Deput y Commissioner while passing the order dated 11th November 2010. Learned Senior Counsel for the petitioner has, however, submitted that o ut of 433-bigha of land, possession of land comprised in 1.3-kilometre corridor had already been handed over to the ONGC for laying pipelines and the possession of the remaining land will also be handed over soon to the ONGC for using the s ame for the purpose for which the land had been acquired. 5) Learned Senior Counsel appearing for the ONGC has submitted that the Cor poration has no objection if the writ petition is disposed of in terms of the su ggestion nos.(i) and (ii) above as put forward by the learned Senior Counsel app earing for the petitioner. It has, however, been submitted that since the petiti oner has already approached the learned District Judge against the order dated 1 1th November, 2010 passed by the competent authority assessing compensation in r espect of entire 433 bighas of land, out of which the ONGC has deposited the com pensation payable in respect of the land comprised in about 1.5 kilometers corri dor and hence the competent authority may not be directed to reassess the compen sation. 6) The learned Senior Counsel for the ONGC, however, could not furnish any particulars relating to the challenge, if any, made by the petitioner before the learned District Judge, against the aforesaid order passed by the competent aut hority. In view of the aforesaid position, the writ petition is disposed of with the following consensual order:- i) The competent authority-cum-Deputy Commissioner, Sivasagar, shal l make an enquiry as to whether the petitioner had been paid the amount of compe nsation in respect of 114-bigha of land, which was earlier acquired under the pr ovisions of the Act. In such enquiry the writ petitioner as well as the responde nt authorities shall produce the necessary papers enabling the competent authori ty to complete such enquiry and pass necessary order. In case any amount is foun d to be due and payable to the petitioner the same shall be paid by the ONGC by depositing the same with the competent authority-cum-Deputy Commissioner, Sivasa gar. The said exercise is directed to be completed within a period of two months from today. ii) The committee, as constituted in the proceeding dated 25th July 2011, shall look into the matter relating to the pollution and take a decision i n that regard. If any damage is found to have been caused to the crops, a decisi on in that regard shall also be taken. This exercise shall be done within a peri od of three months from today. iii) The competent authority-cum-Deputy Commissioner, Sivasagar, shal l pass a fresh order relating to the compensation in respect of 433-bigha of lan d by taking into account the aforesaid tripartite agreement, the communications dated 7th October, 2010 issued by the Additional Deputy Commissioner, Sivasagar, to the Director of Tea Research Association, Tocklai Experimental Station, Jorh at, and dated 8th October, 2010 issued by the Chief Advisory Officer, Tea Resear ch Association, Tocklai Experimental Station, Jorhat, to the Additional Deputy C ommissioner, Sivasagar, apart from the relevant materials including the Krishnam urthy formula. The Deputy Commissioner, Sivasagar, however, shall not carry out the said exercise if the petitioner had already filed appeal/application, challe nging the order dated 11th November 2010, before the District Judge, Sivasagar, under the provisions of the Act. iv) The petitioner shall forthwith handover possession of the entire 433-bigha of land to the respondent authorities, so that they could use it for the purpose for which it had been acquired under the provisions of the Act. 7) The writ petition is accordingly disposed of. No costs.