RADHIKA DEVI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court:-The three petitioners in this writ petition dated March 7, 2007 are questioning the decision of the Collector, North 24 Parganas dated February 7, 2007, at p. 40, rejecting their application under s. 18 of the Land Acquisition Act, 1894 as time-barred.

(2.) THE s. 4 notification invoking s. 17 (4) was published on December 10, 1998. The s. 6 declaration was published on December 22, 1998. Then s. 9 notice was issued to the recorded owners asking them to appear before the collector on March 31, 1999 for verification of ownership of the lands. At such stage the petitioners moved this court by filing w. P. No. 6263 of 1999. They asserted that only on March 30, 1999 they had come to learn that proceedings had been initiated for acquisition of their lands.

(3.) THE award was made on April 30, 1999. Notice under s. 12 (2) dated May 3, 1999 was issued to the persons named in the award. The petitioners were named in the award. Possession of the land was taken on May 10, 1999. By judgment and order dated December 1, 2006 W. P. No. 6263 of 1999 was disposed of granting the petitioners liberty to file appropriate application under s. 18 and ordering that if the application was filed, then it would be disposed of within six weeks from the date of its filing. Accordingly, they submitted the s. 18 application on December 26, 2006.