JUDGEMENT AND ORDER : Heard Mr. DK Das Choudhury, learned counsel appearing for the petitioner as well as Ms. AS Lodh, learned Additional Government Advocate appearing for the respondents. 2. By means of this writ petition, the petitioners have challenged the action of the respondents whereby the respondents have occupied a land measuring 0.045 acres surveyed in plots No. 4942 and 4945 recorded in Khatian no. 960 of Mouja-Amarpur for construction of the road in Sukumar Colony within Ward No.7 of Amarpur Nagar Panchayat. There had been no acquisition or requisition proceeding for occupying the said land but after utilizing the said measure of land, already a road has been constructed over the said land. The petitioners have produced the record of rights to show that the land belonged to them. The petitioners had approached the respondents on numerous occasions but unfortunately there had been no positive action either to acquire the land or to settle the matter in a meaningful way i.e. by releasing the land from occupation. 3. Mr. Das Choudhury, learned counsel appearing for the petitioners has referred to the communication dated 07.09.2013 of the Sub Divisional Magistrate, Amarpur, Gomati District where he has written to the Executive Engineer, PWD, Amarpur, Gomati District that from the enquiry report it has revealed that the land of the petitioners has been utilized for constructing a road by the PWD. For purpose of reference, the entire text of the said letter dated 07.09.2013 (Annexure-6 to the writ petition) is extracted herein below: Government of Tripura Office of the Sub Divisional Magistrate Amarpur, Gomati District No. 7(39)/SDM/AMP/REV/2013/451-52 Dated 7 Sept., 2013 To The Executive Engineer P.W.D., Amarpur, Gomati District Subject : prayer of Sri Biswajit Sarkar, S/o late Brejendra chandra Sarkar of Amarpur (West Bank of Fatiksagar) seeking compensation of a land at Mouja-Amarpur under Birganj T.K. Sir, With reference to the subject cited above I would like to inform you that a petition has been received from Sri Biswajit Sarkar S/O late Brajendra chandra Sarkar of Amarpur (West Bank of Fatiksagar) to this office seeking compensation money with a claim that, a piece of his jote land at Mouja-Amarpur which has been possessing by the PWD and constructed a road without giving any compensation to the land owner. Accordingly the matter has been enquired through the Tehsilder Birganj T.K. and from the enquiry report it is revealed that, a land measuring 0.035 acres is under the possession of the PWD but the land in question is recorded as Rayati status which details are as below: TK Mouja R/S Plot no Class of land Area Recorded in the name of Share Birganj Amarpur 4942/P Chara (Lunga) 0.015 Rayati Pranika Sarkar D/O Brajendra ch. Sarkar 54000 46000 4945/P Bastu (Lunga) 0.020 Prantosh Sarkar S/O Manindra Ch. Sarkar 100000 Total 0.035 From the enquiry report it is revealed that, the above mentioned land is a jote land and recorded as Rayati status but the PWD has been constructed a road over the land. The petitioner claimed for getting appropriate compensation on the strength of a Power of Attorney executed by the land owner vide no.-IV-25 dated 30.08.2013 for the said land. Moreover he claim that, the land owner has not received any correspondence in respect of the acquisition of the concerned land till date. On searching of the office record of this office it also revealed that, there is no correspondence found in this office for acquisition / negotiation in this regard. Hence I would like to request you to take necessary step in connection with his claim as the petitioner will get the proper compensation as per government rule for his jote land if any acquisition/negotiation through land purchase committee for the above mentioned land has not made earlier. This is for favour of your kind information and necessary action please. Yours faithfully, Illegible (S.B. BISWAS) Sub-Divisional Magistrate Amarpur, Gomati District 4. Ms. Lodh, learned Additional Government Advocate appearing for the respondents has categorically submitted that there is no dispute that the referred land belonged to the petitioners and a road has been constructed thereupon, but Ms. Lodh, learned Additional Government Advocate with substantive emphasis has further submitted that the petitioners had provided that land voluntarily for construction of the road. On query by the court she has however admitted that there is no instrument of transfer and it was orally provided by the petitioners. Further she has submitted that this writ petition is bad for delay and laches. 5. Mr. On query by the court she has however admitted that there is no instrument of transfer and it was orally provided by the petitioners. Further she has submitted that this writ petition is bad for delay and laches. 5. Mr. Das Choudhury, learned counsel having referred to the paragraph 11 of the reply filed by the respondents has submitted that the question of delay cannot be entertained by this court as in the said paragraph, the respondents have clearly stated as follows: “…I state that as the matter is not decided till date, the letter of the Sub Divisional Magistrate cannot be complied” 6. When the government has not decided till date, the delay cannot be counted from the date of utilization of the land. Only in the event of denial of appropriate compensation or action for acquisition or requisition, the principle of delay and laches may be considered but the respondent in paragraph 11 of their reply has categorically stated that the respondents have not decided anything over that matter. Mr. Das Choudhury, learned counsel has also relied a decision of this court returned by the judgment dated 26.02.2016 in WP(C) 120 of 2015 [Sri Sankar Debnath & others vs. The State of Tripura & others] wherein in a similar circumstances this court had directed the District Collector, Gomati, Tripura for deciding the compensation, preceded by an initiative of settlement over the compensation between the parties and if there emerges difference over the quantum of the compensation or dissatisfaction over any issue, compensation is projected by the petitioners or any other interested persons, the District Collector is authorized to refer the matter to the Civil Court in terms of Section 35(3) of the Land Acquisition Act, 1894. It was clarified that the District Collector having received a copy of the order shall issue a notice for initiating the process having due regard to Section 35(2) of the Land Acquisition Act, 1894 and thereafter he/she shall proceed for determination of the compensation on appreciating the claim and the counter claim. It was observed that the entire process within the domain of the District Collector, shall be completed within 6(six) months from the date of receipt of the copy of the order. The petitioners were directed to submit a copy of the order to the District Collector. 7. It was observed that the entire process within the domain of the District Collector, shall be completed within 6(six) months from the date of receipt of the copy of the order. The petitioners were directed to submit a copy of the order to the District Collector. 7. Having due regard to the context of this case, this court is also persuaded to pass the similar order. Accordingly, the matter relating acquisition/requisition or paying rent or compensation by way of conciliation or otherwise, is referred to the District Collector, Gomati, Tripura for taking appropriate action. If on the aspect of quantification of compensation there emerges any difference between the petitioners or any other interested person, the District Collector is authorized to refer the matter to the Civil Court in terms of Section 35(3) of the Land Acquisition Act, 1894. It is clarified that the District Collector, Gomati, Tripura having received the copy of this order shall issue a notice for initiating a process having due regard to the Section 35(2) of the Land Acquisition Act, 1894 and thereafter he shall proceed for determination of the compensation on appreciating the claim and the counter claim. It is expected that the entire process within the domain of the District Collector, Gomati, Tripura shall be completed within 6(six) months from the date of receipt of the copy of this order. The petitioner is directed to submit the copy of this order to the District Collector forthwith. 8. Having observed thus, this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs.