SURESH CHANDRA ROY Vs. LAND ACQUISITION COLLECTOR CHINSURAH

JUDGEMENT

(1.) An area of land belonging to the petitioner was acquired under the provisions of the Land Acquisition Act and two sums of money, namely, Rs. 57,236.65 nP. and Rs. 33.413,25 nP. ware awarded in favour of the petitioner. On July 9, 1958 the petitioner was informed that he was at liberty to withdraw the amounts on August 18, 1958. either himself or through an authorised agent from the Land Acquisition Collector's Office. On receipt of the above notice, the petitioner made an application, on July 18, 1958, praying that a reference be made to Court for determination of the amount of compensation. In the said application the petitioner, inter alia, stated that he would receive the compensation as awarded under protest on the date notified.

(2.) Thereafter, on August 12, 1958, the petitioner filed an application before the Land Acquisition Collector for withdrawal of the compensation money and therein authorised Sri Phanindra Nath Chakrabarty to receive the compensation money on his behalf. Again, on August 18, 1958, the petitioner prayed for issue of two bank drafts for the amounts of compensation in his favour. On January 30, 1959, Sri Phanindra Nath Chakrabarty received the compensation money in the form of bank drafts and duly executed two receipts therefor. Neither in the applications dated the 12th and 18th August, 1958, nor in the receipt dated 30th January, 1959, was there any repetition of the protest under which the petitioner was prepared to accept this compensation money. Thereafter, the petitioner received a letter, dated January 2, 1962, to the following effect: "With reference to your petitions dated 18-7-58, I am to inform you that the reference under Section 18 is barred under Section 31(2) of the L.A. Act. Section 31(2) of the Land Acquisition Act referred to in the letter reads as follows :

(3.) The Special Land Acquisition Collector filed an affidavit-in-opposition and therein stated as follows :