WP(C) 2549/2011 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Sikdar, learned counsel for the petitioners, Mr. Talukdar, learned Add itional Sr. Government Advocate, Assam appearing for the respondent Nos.1 to 6 a nd 9 as well as Mr. Chakraborty, learned Central Government Counsel appearing fo r the respondent Nos.7 and 8. As agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the motion stage itself. The petitioners, by the present petition, have prayed for setting aside the zira t list prepared by the Land Acquisition Authority, Cachar at Silcahr for acquisi tion of land at Srikona Grant by registering LA Case No.7/2006-07, to prepare a fresh zirat list, after joint verification and also to pay the compensation to t he petitioners for the land acquired. According to the petitioners, in respect of the part of the land acquired by registering the LA case, pattas were issued in their favour and though possession has been taken over, they have not been pa id the compensations, as required under the provisions of the Land Acquisition A ct, 1894. It is also the contention of the petitioners that the zirat list was prepared even before issuance of the notification under Section 4(1) of the said Act and as such, the same is required to be set aside and a direction may be is sued to prepare a fresh zirat list and to pay compensation for the land acquired , upon such verification. The learned counsel appearing for the petitioners on the backdrop of such assert ion has submitted that a direction may be issued to the respondent authorities t o prepare a fresh zirat list and to pay compensation for the land acquired. Mr. Talukdar, learned Additional Sr. Govt. Advocate appearing for the aforesaid respondents has submitted that a Single Bench of this Court vide order dated 17t h December, 2009 passed in WP(C) No.3437/2009 has already set aside the zirat li st prepared by the land acquisition authorities, Cachar Collectorate with a furt her direction to prepare a fresh list of zirat after joint verification and as s uch, the authority has to prepare a fresh list of zirat, if not already prepared . It has also been submitted that if the petitioners, who claim to be the landh olders, are entitled to compensation, the same shall be paid to them upon due ve rification, apart from compensation for Zirat, if entitled to. Mr. Chakraborty, learned Central Govt. Counsel appearing for the respondent Nos. 7 and 8 has submitted that in terms of the estimate made by the Collector, an am ount of Rs.1,36,15,640/- for acquisition of the land measuring 110 Bighas 10 Kat has 13 Chataks in respect of the aforesaid land acquisition proceeding has alrea dy been deposited with the Collector of Cachar at Silchar, which naturally shall be disbursed to the persons entitled to receive the same. It appears from the order dated 17th December, 2009 passed in WP(C) No.3437/2009 , a Single Bench of this Court has, for the reasons recorded therein, set aside the earlier list of zirat prepared by the Land Acquisition Authority, Cachar and directed the said authority to prepare a fresh list of zirat after joint verifi cation. That being the position, the first 2 (two) prayers made by the present petitione rs in the present petition had already been granted by the aforesaid order. The land acquisition authority shall definitely prepare a fresh list of zirat after joint verification, if such list has not already been prepared. Relating to the claim for compensation, the Collector, Cachar shall scrutinize a nd verify whether any patta has been issued in the name of any of the writ petit ioners in respect of any portion of the land measuring 110 Bighas 10 Kathas 9 Ch ataks and if upon such verification, it is found that the petitioners are entitl ed to receive any compensation, the same shall be paid, out of the estimated amo unt received by the Collector. The said exercise is directed to be completed wit hin a period of 3 (three) months from the date of receipt of the certified copy of the order passed today alongwith the copy of the writ petition with annexures appended thereto to be filed by any of the writ petitioners before the Collecto r, Cachar at Silchar. During such enquiry/verification, if it is found that all or any of the writ pet itioners are not the landholders and they are occupying the Government land and any zirat were found to be over such land, those petitioners shall be paid the c ompensation for zirat, if they are entitled to. The writ petition is accordingly disposed of. No costs.