Gouri Shankar Kejriwal v. Collector, Dibrugarh District, Dibrugarh and Others
1983-01-05
D.PATHAK, K.N.SAIKIA
body1983
DigiLaw.ai
Pathak, C.J. (Acting):- This is an application under Article 226 of the Constitution of India making a grievance by the petitioner that the land of the petitioner was acquired under Section 9 (1) of the Assam land (Requisition & Acquisition) Act, 1964 but till date the award of compensation has not be3n made in favour of the petitioner. 2. As early as on 22.3.70 the Deputy Commissioner, Lakhimpur District, Dibrugarh by a notice under No. DRLA/2/9170./18 dated 22.3.70 acquired an area of 1 Katha 1 Lecha of land covered by old Dag No. 3268 corresponding to New Dag No. 6 under old periodic Patta No. 82 corresponding to now Periodic Patta No. 83. For the last twelve years the petitioner has been approaching the authorities for making the award of compensation in respect of the said land. The respondents have filed affidavit-in-opposition and they have stated in para 7 of the affidavit that the award could not be made as the Flood Control Department is yet to sanction the estimated amount. It has further been averred in para 9 of the affidavit-in-opposition that the award in question could not be made as the estimated amount was not sanctioned by the Flood Control Department. Be that as it may, it is up to the authority concerned to take the sanction as regards the compensation money. If the sanction is not obtained the land-holder, in respect of which the petitioner is deprived, is not to suffer. We think it is a fit case where Ave shall give direction to the concerned authority to make am award in respect of the land under acquisition within a period as expeditiously as possible not exceeding two months. We order accordingly. 3. Accordingly this petition is allowed and the Rule is made absolute. There will be no order as to costs.