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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 3515 of 1997

PETITIONER:

The State of Tripura & Anr.

RESPONDENT:

Roopchand Das & Ors., Sudhir Debnath & Ors.

DATE OF JUDGMENT: 03/12/2002

BENCH:

Doraiswamy Raju & Shivaraj V. Patil.

JUDGMENT:

J U D G M E N T

RAJU, J.

These two appeals involve common and identical questions of

law and are dealt with together. In C.A.No. 3515 of 1997, the

challenge is to the judgment dated 21.1.97 of the Gauhati High Court,

Agartala Bench, made in Civil Rule No.12 of 1997, whereunder the

High Court, applying the earlier decision rendered in Civil Rule 10 of

1997, directed, while setting aside the order dated 18.9.96 of the

Land Acquisition Collector, the said Collector to consider the petitions

filed by the respondent-landowners under Section 28-A of the Land

Acquisition Act, 1894 (hereinafter referred to as "The Act’’) on merits

and in accordance with law, holding them to be within the period of

limitation stipulated therefor. The appeal in C.A. No.3516/1997 is

against the above noticed earlier decision in Civil Rule 10 of 1997

dated 21.1.97.

So far as C.A. No.3515 of 1997 is concerned, relying upo