Smt. Sarita Kabra v. Union Of India And ORS

S/L. 7.

08.11.2019 pk Calcutta High Court In The Circuit Bench At Jalpaiguri Appellate Jurisdiction WPA 258 of 2019 Smt. Sarita Kabra -Vs.- Union of India & Others Mr. Jagriti Mishra ... for the petitioner.

Mr. Debabrata Dhar, Addl. G. P.

Ms. Paramita Sahu ...for the State.

Ms. Supriya Singh ... for the respondent no. 5.

Leave is granted to the petitioner to correct the cause title of the writ petition insofar as the respondent no. 2 is concerned in course of the day.

The writ petitioner claims that 99 decimals of land have been acquired by the National Highways Authority of India pursuant to a proceeding initiated in the year 2012. The writ petitioner also submits that she received a request from the Special Land Acquisition Officer to supply details of bank account in which

about Rs.4,00,000/- has been deposited in the year 2016.

The petitioner has been sitting tight in the matter since the year 2016 and wakes up for the first time in the year 2019 claiming that the compensation is inadequate and she is entitled to enhancement thereof.

The writ petition is barred by delay in laches.

The writ petitioner shall be supplied with a copy of the L. A. Award and the Arbitral Award within a period of one month from the date of communication of a copy of this order.

It is made clear that the receipt of the award shall not in any way amount to a condonation of any delay to challenge the same under the provisions of the appropriate statute any further and in the event any proceedings are taken out, the same shall be construed strictly in terms of the statute as if the award was to the knowledge of the petitioner since the year 2016.

With the aforesaid directions, the writ petition is disposed of.

No order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties on urgent basis.

(Rajasekhar Mantha, J.)