JUDGMENT : Biswanath Somadder, J. 1. The instant appeal arises out of a judgment and order dated 29th June, 2018, passed by a learned Single Judge in WP 7663 (W) of 2014 (Kishorilal Agarwal vs. Gorkhaland Territorial Administration & Ors.). By the impugned judgment and order, the writ petition was disposed of with certain directions upon Gorkhaland Territorial Administration, which has now preferred the instant appeal. 2. For convenience, the impugned judgment and order is set out here-in-below in its entirety:- "The petitioner is aggrieved by his land consisting 350 poles, equivalent to 2.2479 acres being taken over by the Gorkha Territorial Administration. A meeting was held under the Negotiation Committee of G.T.A. headed by the Executive Member, Law Department on 15th May, 2014 whereby and under the G.T.A. had agreed to pay the writ petitioner a sum of Rs.5,21,60,389/- (Rupees five crores twenty one lakh sixty thousand three hundred eighty nine only) towards initial amount for holding such property. The parties further agreed that the balance amount payable to the writ petitioner would be determined in proceedings under the Land Acquisition Act that the G.T.A. may enquire through District Magistrate, Darjeeling. The writ petitioner submits that out of the said sum of Rs.5,21,60,389/- (Rupees five crores twenty one lakh sixty thousand three hundred eighty nine only), two crores only has been paid till date. The G.T.A. shall pay the balance sum of Rs.3,21,60,389/- (Rupees three crores twenty one lakh sixty thousand three hundred eighty nine only) within a period of one month from date. If however, the land acquisition proceedings are commenced through District Magistrate, Darjeeling within a period of three months from date, the petitioner shall take appropriate steps thereunder for appropriate compensation. It is clarified that taking over the possession of the writ petitioners land shall abide by the result of the land acquisition proceedings that may be initiated in respect of such land in accordance with law. With the above directions W.P. No. 7663 (W) of 2014 is hereby disposed of. There shall be no order as to costs." 3. It is clarified that taking over the possession of the writ petitioners land shall abide by the result of the land acquisition proceedings that may be initiated in respect of such land in accordance with law. With the above directions W.P. No. 7663 (W) of 2014 is hereby disposed of. There shall be no order as to costs." 3. During the course of hearing of the instant appeal, several orders have been passed, including an order dated 17th January, 2019, whereby this Court had directed all concerned to cause a joint inspection of the Lansdowne property situated at premises no.101, Hill Cart Road, Kurseong, District - Darjeeling and file a detailed report before this Court with regard to its actual present status. Such joint inspection report has since been filed and parties have filed their respective affidavits in connection thereto, including an affidavit on behalf of the respondent/writ petitioner taking exception to the joint inspection report. 4. Before the writ Court as well as before us, the issue in consideration is in respect of a plot of land known as 'Lansdowne Complex' or 'Lansdowne Building', as described in details in a document dated 2nd May, 2001, which is annexed at page 9 to the exception to the joint inspection report filed on behalf of the respondent/writ petitioner. It appears that in connection with the said plot of land, the Secretary of the appellant had written a letter to the Land Acquisition Collector, Darjeeling, on 25th February, 2016, bringing forth an acquisition proposal for acquiring 2.269 acres of land for construction of a Secretariate building. This letter dated 25th February, 2016, was responded to by the Collector, Darjeeling, on 11th March, 2016, the text of which reads as follows:- "Kindly refer to above this is to inform you that the Land Acquisition Act of 1894 has already been amended by the Central Government but the rule against the New Amendment act has not yet been framed by the state Govt. and for the immediate need of some urgent projects the government has considered for direct purchase of the required land. In this regard a G.O. No. 3145-1p/la-03/14 dated 24.11.2014 has been issued by the government which is enclosed for your ready reference. and for the immediate need of some urgent projects the government has considered for direct purchase of the required land. In this regard a G.O. No. 3145-1p/la-03/14 dated 24.11.2014 has been issued by the government which is enclosed for your ready reference. In view of the aforesaid g.o., you are requested to submit the proposal for direct purchase of the proposed land and building before the Standing committee on Industry, Infrastructure & Employment through your administrative department for consideration." 5. Undoubtedly, in the facts of the instant case, a sum of Rs.2 crore was paid to the respondent/writ petitioner sometime in January, 2015 by Gorkhaland Territorial Administration for purchase of the said land-in-question as stated in the document dated 2nd May, 2001. However, contentious issues have been raised by both the parties with regard to whether the respondent/writ petitioner had actually handed-over unencumbered possession of the land-in-question to Gorkhaland Territorial Administration at any point of time. 6. We need not go into this question, because if we do so we will enter into the realms of a pure factual issue which is disputed by the parties. The issue, however, can be addressed from another angle. In this context we refer to the letter dated 11th March, 2016, issued by the Collector, Darjeeling, addressed to the Secretary, Gorkhaland Territorial Administration, relevant portion whereof is quoted hereinabove. In our view, this letter cannot stand in the way of the concerned authority of the State from immediately proceeding to invoke the relevant provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in order to give effect to the acquisition proposal for 2.269 acres of land, as stated in the letter of the Secretary, Gorkhaland Territorial Administration, dated 25th February, 2016, addressed to the Land Acquisition Collector, Darjeeling. 7. Till the acquisition proceedings are completed, Gorkhaland Territorial Administration, being the appellant no.1 herein, is directed to keep the balance amount (approximately Rs.3.21 crore) due and payable to the respondent/writ petitioner in a renewable short term fixed deposit account to be opened in any nationalised bank, intimation of which should be given to the respondent/writ petitioner within a period of four weeks from date. 8. 8. Once the acquisition proceedings are completed in accordance with law and Gorkhaland Territorial Administration gets actual physical possession of 2.269 acres of land, as described in the letter dated 25th February, 2016, issued by the Secretary, Gorkhaland Territorial Administration, Darjeeling, addressed to the Land Acquisition Collector, Darjeeling, the balance amount (approximately Rs.3.21 crore) as deposited in the bank in terms of this order together with accrued interest shall be paid to the respondent/writ petitioner. 9. With the above observation, the appeal and the application for stay stand disposed of accordingly. 10. Urgent photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties. Arindam Mukherjee, J. - I agree.