LAWS(CAL)-2011-1-142

SUROMA NASKAR Vs. STATE OF WEST BENGAL

Decided On January 11, 2011
SUROMA NASKAR Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Let the affidavit-of-service filed in Court today be kept on record. Despite service of notice none appears on behalf of the Respondents.

(2.) In the writ petition, the order dated 3rd March, 2009 passed by the Special Land Acquisition Officer, South 24 Parganas, the Respondent No. 5, rejecting the prayer of the Petitioners to forward their application under Section 18 of the Land Acquisition Act, 1894, to the Special Land Acquisition Judge, is under challenge. The said Respondent had rejected the application on the ground that the Petitioners had received the payments without any protest. According to the Petitioner filing of application under Section 18 amounts to non-acceptance of award and recording of protest. The learned Advocate for the Petitioner has relied on the judgments of the Apex Court in Ajit Singh and Ors. v. State of Punjab and Ors., 1994 2 JT 700 and of the Calcutta High Court in Rupa Debi Rathi v. State of West Bengal and Anr.,2009 2 CalLJ 413, in support of his submission.

(3.) The question is where compensation under the award has been accepted without any protest, whether filing of an application under Section 18 of the Act by implication means lodging a protest.