The Court dismissed a writ petition filed by a petitioner claiming his land was utilized by the State without acquisition in 1977. The Court held the petition barred by laches as it was filed 40 years after the award was made in 1979.
Writ petition dismissed on grounds of laches.
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Court No. - 37
Case :- WRIT - C No. - 42246 of 2019
Petitioner :- Durga Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lok Nath Shukla Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the Staterespondents.
The petitioner submits that his land was utilized by the State-authority without acquisition, which was in the year 1977 and an award was made on 18.12.1979.
The petitioner has now woken up after 40 years to approach this Court raising this grievances. The grievance raised cannot be accepted at this belated stage.
The writ petition is grossly barred by laches and it is, accordingly, dismissed.
Order Date :- 19.12.2019 SKM
(Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)
2 issues framed by the court
Whether a writ petition filed 40 years after the land acquisition award can be accepted despite the claim of unauthorized land utilization?
Whether the writ petition is barred by laches for being filed at a belated stage?
Durga Prasad
State Of U.P.
Other Respondent
Other Respondent
Other Respondent
Abhinava Upadhya
Ravi Nath Tilhari
As recorded by the court registry
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