SHANTI NEOGY Vs. 1ST LAND ACQUISITION COLLECTOR CALCUTTA

JUDGEMENT

(1.) On April 25, 1968 the West Bengal State Government issued a notification under Section 49 of the Calcutta Improvement Act, 1911 for acquisition of premises No. 81/1/1A, Canal Circular Road for a street scheme known as Scheme No. XIII-M.

(2.) The- petitioner has claimed that the First Land Acquisition Collector, Calcutta, had served a notice under Section 9 of the Land Acquisition Act upon her to appear before the First Land Acquisition Collector to state the nature of interest in the said land which was proposed to be acquired under the above scheme. On January 11, 1974 the First Land Acquisition Collector passed an Award for compensation for the acquisition of the aforesaid land. Thereafter the First Land Acquisition Collector served a notice under Section 12 (2) of the said Act upon the petitioner in respect of the said Award and further intimated the petitioner that if she was willing to receive a sum of Rs. 70,000/90 p. (Rupees seventy thousand and ninety paisa only) which had been awarded in her favour she might either appear personally or through agent to receive payment (vide annexure E to the petition).

(3.) According to the petitioner, she had appeared through an agent before the First Land Acquisition Collector on the 31st January, 1974 to receive payment of the above compensation money but the awarded sum was not paid on the said date. The said compensation awarded to the petitioner has not been yet paid. Accordingly, the petitioner has filed this writ application for commanding the respondents to perform their statutory duties by making payment of the said awarded sum to her in terms of the notice under Section 12 (2) of the Act.