Petitioner claimed compensation and land share after 25-30 years for acute land acquisition. Court dismissed petition as barred by gross laches due to excessive delay. No other substantive issue was addressed.
Petitioner's claim for compensation and soil was dismissed due to gross laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 37
Case :- WRIT - C No. - 28791 of 2019
Petitioner :- Vishambhar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Naveen Srivastava Counsel for Respondent :- C.S.C.,Jagannath Maurya,Prem Shankar Yadav
Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the Staterespondents and Sri P.S.Yadav, learned counsel appearing for respondent no.4.
By means of this writ petition the petitioner is claiming compensation and 50% of the developed land in view of faulty determination of compensation to an acquisition proceedings for which Section 4 Notification issued in the year 1987. The award was announced on 22.2.1990. The petitioner had earlier filed a writ petition being Writ C No.2530 of 2018, which was disposed of with the direction to the authority concerned to decide the representation by order dated 23.1.2018. Now the representation has been decided.
It is to be noted that the award was announced in the year 1990 and the petitioner accepted the award as it was. Now for the first time, the petitioner has come up to this Court after more than 25-30 years.
The writ petition is barred by gross laches and it is, accordingly, dismissed.
Order Date :- 7.11.2019 SKM
(Prakash Padia,J.) (Abhinava Upadhya,J.)
2 issues framed by the court
Whether a writ petition for delayed compensation claim initiated after 25-30 years can succeed.
Whether delay amounts to gross laches barring jurisdiction in land acquisition matters.
Vishambhar
State Of U.P.
3 Others
Abhinava Upadhya
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
