The court dismissed a writ petition seeking compensation for acquired land. The filing was delayed by 62 years without justification, leading to dismissal on the grounds of delay and laches.
The writ petition was dismissed on the ground of delay and laches.
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Court No. - 32
Case :- WRIT - C No. - 30031 of 2019
Petitioner :- Karan Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- K.K. Tripathi Counsel for Respondent :- Saurabh Srivastava,Shivam Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard the learned counsel for the parties and perused the record.
This writ petition has been filed, inter alia, for the following relief:
" Issue a writ, order or direction in the nature of mandamus commanding the respondents to relieve the acquired Arazi No. 544 plot no. 441 area 0.061 hectare situated at block Kakadev , Kanpur Nagar of the petitioner or pay compensation at t he present circle rate to the petitioner."
Mr. Saurabh Srivastava, learned Standing counsel appearing on behalf of the respondents , on the basis of instructions received from the department, submitted that the land in dispute was acquired in the year 1920 under the Town Improvement Act,1919( for short the ' Act') under section 36(1) and 42(1) of the said Act and thereafter award was made on 1.6.1957 and possession thereof was taken on 24.8.1957 and reference was made in the year 1958 under section 18 of the Land Acquisition Act. The
petitioner has filed the present writ petition after an inordinate delay of 62 years.
From perusal of the record, it is evident that the in respect of the land in dispute the land was acquired in the year 1920 under the Town Improvement Act,1919 and award was made in the year 1957 and reference was made in the year 1958 and now after several decades the petitioner has filed the present writ petition seeking various relief in pursuance of the aforesaid award dated 1.6.1957 without furnishing any plausible and satisfactory explanation for such inordinate delay. There was no justification for the petitioner to have waited for such a long period .
In view of the above, we do not see any justification to interfere in the matter. The writ petition is accordingly dismissed on the ground of delay and latches.
Order Date :- 10.12.2019 MLK
2 issues framed by the court
Whether the High Court should interfere with the acquired land dispute filed after an inordinate delay of 62 years.
Whether the petitioner's failure to provide a satisfactory explanation for the delay warrants dismissal of the writ petition.
2 provisions across 2 enactments
Karan Singh
State Of U P
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
