NOOR MOHD SHAH Vs. STATE

JUDGEMENT

(1.) PETITIONERS have challenged communications bearing Nos. SDA/DLM/5929 dated 29.03.2005 and SDA/DLM dated 24.01.2006 -annexures F and G issued by respondent No.3 and have sought writ of mandamus commanding the respondents to make reference in terms of Section 18 of the Land Acquisition Act, 1990 (1934 A.D.), for short Act, on the following grounds.

(2.) IT is averred that Srinagar Development Authority -SDA acquired land in the year 1997. The father of the petitioners, namely, Mohammad Ramzan Shah (Shala) received the compensation amount under protest but he could not file petition for making reference because he met with an accident and was bed ridden and succumbed to injuries on 12th June, 1998. Petitioners could not file the application for making reference for the reasons that they were minors and ultimately petitioner No.l on attaining majority filed application for making reference which came to be rejected vide communication dated 24.01.2006 -annexure -G. Petitioners have admitted in para -11 of the petition that application under Section 18 of the Act was time barred. It is profitable to reproduce relevant portion of para -11 herein:

(3.) RESPONDENTS have resisted the petition on the ground that petition is hit by latches and father of the petitioners has received compensation amount without protest. He had neither disputed the adequacy of the compensation nor made any claim for making reference in terms of the Act.