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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Himangshu Mallick – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. The instant appeal is in assailment of judgment and order passed on February 09, 2022 in WPA 4165 of 2018.
2. Fact giving rise to the present litigation is that an acquisition proceeding was initiated in the year 1971 in respect of 2 Cottah 10 chittack and 36 Sq. ft. of land appertaining to premises No. 351, Prince Anwar Shah Road, Kolkata. An award was declared on January 9, 1979 in favour of predecessor-in-interest of the appellant. Being dissatisfied with the award, the predecessor-in-interest of the appellant sent a reference petition for enhancement of compensation. The reference so filed was disposed of on January 03, 1995 by modifications in the award. In the meantime the original owner of the acquired land died and the appellants stepped into her shoes.
3. The appellants did not receive the award amount for which, they came up with the writ petition No. WPA 4165 of 2018 seeking direction upon the respondents for the payment of the compensation.
4. By the impugned order dated February 09, 2022, learned Single Judge dismissed the writ petition on the ground of stale demand. The impugned order noted that the appellants slept over their demand s
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