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2001 Supreme(Cal) 444

Dilip Kumar Seth
Rama Kanta Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Rameshwar Bhattacharyya, Shefali Ganguly for the petitioner;
Soumen Dasgupta, Jagabandhu Roy for the State.

JUDGMENT

Dilip Kumar Seth, J.

An award in a Land Acquisition proceeding was challenged under section 18 of the Land Acquisition Act. The award was published on 10th February, 1995. The reference being L.R.A. Case No. 81 of 1996(V) was disposed of by the learned Addl. Spl. L.A. Judge, 4th Court, Alipore, on 26th March, 2001. The decree was drawn up on 3rd April, 2001. The petitioners have come up with this application seeking a direction upon the Collector to pay the amount in terms of the decree. It is alleged that one of the petitioners is suffering and needs immediate medical attention which, according to the petitioners learned Counsel, is a serious affair of which relevant documents have been annexed to show that he requires immediate medical attention for which some amount is necessary which the petitioners needs immediately. Therefore, according to him, despite the decree being executable under section 26 sub-section (2), yet the petitioner could not wait for the execution in the exigency of the circumstances. Therefore, this court could pass appropriate order in order to help out the petitioner, otherwise, by the time the decree is executed, the needy petitioner will remain wi












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