RUPA DEBI RATHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this writ petition dated October 5, 2007 is seeking a mandamus commanding the second respondent, the collector, to refer the matter connected with the award to Court on the basis of her application under Section 18 of the Land Acquisition Act, 1894 for the determination of the Court her objection to the amount of the compensation.

(2.) THE acquisition proceedings were initiated under provisions of the Land Acquisition Act, 1894. After making the award the collector issued notice under Section 12 (2 ). The petitioner received payment on June 8, 1998. She submitted a letter dated June 8, 1998 stating that she received the payment under protest as to the sufficiency of the amount. Then she submitted the Section 18 application on June 15, 1998. By a letter dated june 28, 2007 the Special Land Acquisition Officer, Uttar Dinajpur, Raiganj informed her Advocate that the collector had rejected her Section 18 application on October 20, 2000 on the ground that she had not registered her objection on the consolidated voucher. Feeling aggrieved, she took out the present writ petition.

(3.) THE collector has filed an opposition dated February 25, 2009. With the opposition a copy of the consolidated voucher concerned has been produced to show that the petitioner received payment according to the award otherwise than under protest.