WP(C) 961/2002 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY THE HON’BLE MR. JUSTICE H. BARUAH Amitava Roy, J The petitioner-Company, as the owner of the Hazelbank Tea Estate (hereinafter fo r short referred to as the Tea Estate) is before this Court being aggrieved, fir stly, by the right of entry granted by the Addl. Deputy Commissioner, Dibrugarh under Rule 189 of the Rules framed under the Assam Land and Revenue Regulation, 1886 (for short hereinafter referred to as the Regulation) on a plot of land mea suring 12 Bighas 4 Katha 15 Lesa under Dag No.95 and 97 thereof (Tea Estate) and secondly, for non payment of the value thereof as well as of the Zirats, houses , buildings etc. earlier standing thereon and damaged due to the process pertai ning to exploration of oil by the respondent-Oil(hereinafter for short referred to as the OIL). We have heard Mr. P.K. Kalita, learned counsel for the petitioner assisted by Ms . T. Goswami, Advocate, Mr. P.S. Deka, learned State counsel for the State respo ndents and Mr. A.M. Buzarbaruah, learned counsel for the respondent-OIL. According to the petitioner-Company, the possession of the aforementioned land h ad been taken over by the OIL in the year 1994 and since thereafter it had been in its exclusive possession for drilling and other purposes. By the impugned or der of the Addl. Deputy Commissioner, Dibrugarh, right of entry to the responden t-OIL was granted under the abovementioned provisions of the Rules. As its repe ated representations before the Deputy Commissioner, Dibrugarh for payment of th e value of the land and the damaged Zirats, houses, buildings etc. thereon faile d to evoke any response, it has turned to this Court for redress. The respondent-OIL, in its affidavit while claiming its valid entry on the land on the basis of the right of entry granted by the impugned order, has dismissed the apprehension of the petitioner qua the compensation and/or value of the land involved. According to it, vide its letter dated 16.09.2000 addressed to the S enior Manager of Petitioner-Company it has sought for the latter’s consent for i ts entry on the land on condition of outright sale/purchase through private nego tiation. Thereby, compensation for matured tea bushes and other assets standing on the land on the basis of Krishnamurthy formula was also offered. It, in cate gorical terms has urged that though the land value at the rate of Rs.60,000/- pe r bigha at that point of time was in excess of the prevailing market rate, the e fforts did not materialize in absence of affirmative response from the petitione r-Company. This Court after hearing the learned counsel for the parties, on 28.09.2010 took on record the factum of a process of settlement between them and required the D eputy Commissioner, Tinsukia to participate in the discussion to facilitate an a micable settlement. It having been pointed out to the Court, subsequently that the appropriate authority having regard to the location of the land was the Depu ty Commissioner, Dibrugarh, necessary modifications in the aforementioned direct ions were made vide order dated 29.11.2010. It has been pleaded on behalf of the petitioner-Company in its affidavit dated 0 2.03.2011 that pursuant to the order of this Court, the parties met on 29.10.201 0 and the offer of respondent-OIL in course thereof was as heredunder: 1) For LOC DIAE taken possession/acquired in 1994 at the rate of Rs.60,000/ - per bigha; 2) For LOC DIAM taken possession/acquired in 2002 at the rate of Rs.1,00,00 0/-; 3) Value at the above rate would be paid only after the submission of the d esired documents. The affidavit discloses that the process could not be furthered as the parties f aced a deadlock on the aspect of submission of documents relatable to the land. This was as the respondent-OIL insisted on the production of the necessary titl e deeds and the certificate of non-encumbrance of the land so as to enable it to finalize and disburse the amount of compensation/value to be paid. The petitio ner, in this affidavit has admitted of the receipt of an amount of Rs.2,18,314/- by the respondent-OIL with regard to location DIAM and further an amount of Rs. 57,057/- by way of compensation. The affidavit discloses the petitioner’s-Compan y claim against the value of the land at the rate of Rs.60,000/- per bigha i.e. at the rate prevailing in the year 1995 with interest at the commercial rate of Rs.24% per annum. According to it, the present value of the land is much highe r. Though, the learned counsel for the parties projected the rival stands as demons trated by their pleadings, they on instructions are not averse to an amicable se ttlement as permissible in law. On an analysis of the averments made in the pl eadings and their responses pursuant to the orders dated 28.09.2010 and 29.11.20 10 of this Court and ultimately ascertainable from the affidavit filed by the pe titioner-Company on 02.03.2011, according to us the following aspects need to be addressed by them for resolution of their differences outside the Court. 1) A consensus on the payment of the value of the land(s) involved at the r ate of Rs.60,000/- per bigha as well as Rs.1,00,000/- per bigha as enumerated he reinabove by the respondent-OIL to the petitioner-Company; 2) Production and/or submission of the title deeds, documents of non encumb rance of the land and latest certified copy of the jama bandi; 3) As the petitioner-Company has asserted that these documents have already been laid with the respondent-OIL, authorized representatives of the parties wo uld meet on 20.04.2011 at 11 a.m. in the office of the Deputy Commissioner, Dibr ugarh. To facilitate the exercise, if need be, the petitioner-Company would furn ish another set of documents, as above to the respondent-OIL. 4) The Deputy Commissioner, Dibrugarh would take over the exercise thereaft er for the purpose of computing the amount payable by respondent-OIL to the peti tioner-Company at the aforementioned rates subject to the submission of the docu ments indicated hereinabove by the latter. 5) As the claim is an old pending one, the aforementioned State authority w ould complete the process within a period of two months from 20.04.2011 and subm it a report in connection therewith to this Court. The writ petition stands disposed in the above terms. A copy of this order be furnished to the Mr. P.S. Deka, learned State Counsel fo r onward transmission to the Deputy Commissioner, Dibrugarh, so as to enable him to take necessary steps and meet the deadline of time fixed by this Court. As a responsible duty is being entrusted to this authority in furtherance of the pr ocess of administration of justice, it is expected that he would spare no endeav our to actualize the efforts intended to be made by the parties and that too wit hin the time limit fixed. No costs.