UTPAL KANTI SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS writ petition was filed in the year 1999 with the following prayer:

(2.) FOLLOWING the due procedure as envisaged under Land Acquisition Act, some land of the petitioners was acquired in the year 1989. In paragraph 2 of the writ petition, the petitioners have averred that the authority issued notices under Section 9 of the Act to them. In paragraphs 3 A, A B, 3 C and 3 D, of the writ petition, the petitioners have indicated the area of the land and other particulars. The award was prepared by the L. A. Collector and the compensation money was calculated by his award dated 2. 3. 1991. According to the petitioners, the award was passed in the name of Sri Jogendra Chandra Roy, who by the time the award was passed had expired (died on 4. 2. 1967 ). The petitioners No. 7, 8 and 9 are his sons, while the petitioner No. 10 is his wife.

(3.) THE respondents have filed their counter affidavit raising the preliminary objection regarding maintainability of the writ petition on the ground of delay and latches. It has been contended that the petitioners although filed the objection under Section 18 of the Act on 9. 9. 1994, but approached the Writ Court nearly 5 years thereafter without any plausible explanation for the delay. They have denied that the petitioners are entitled to compensation at higher rate. In paragraph 6 of the counter affidavit, it has been stated that the name of Jogendra Chandra Roy was corrected by incorporating the names of the petitioners No. 7 to 10 and the said petitioners filed objection under Section 18 of the L. A. Act on 21. 8. 1995.