Dismissed

Smt. Ajit Kaur and Others v. State of U.P. and Others

Allahabad HC29 May 2023WRIC/26824/2010

Case brief

AI extract

What is this about?

The Court dismissed two writ petitions challenging land acquisition notifications issued in 1976. The petitioners approached the Court 34 years later, and since possession was taken and compensation awarded, the Court held that the prayers were barred by delay and laches.

What did the court decide?

Petitions for quashing of acquisition notifications dated 14.10.1976 and 15.10.1976 were dismissed due to serious delay.

Smt. Ajit Kaur and Others Vs State of U.P. and Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:120070-DB Reserved on: 12.05.2023

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Delivered on: 29.05.2023

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Court No. - 39

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Case :- WRIT - C No. - 26824 of 2010 Petitioner :- Smt. Ajit Kaur And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- S.P. Singh Rajput, ,Anoop Trivedi Counsel for Respondent :- C.S.C.,Anuj Srivastava,G.P. Srivastava,Varad Nath

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WITH

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Case :- WRIT - C No. - 26827 of 2010 Petitioner :- Badlu And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- S.P. Singh Rajput, ,Anoop Trivedi Counsel for Respondent :- C.S.C.,G.P. Srivastava,Mahesh Narain Singh,Varad Nath

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Hon’ble Salil Kumar Rai, J.

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Hon'ble Arun Kumar Singh Deshwal,J.

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(Delivered by Hon’ble Arun Kumar Singh Deshwal, J.)

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Both the above petition have been filed challenging the notifications dated 14.10.1976 and 15.10.1976 issued under Section 4 and 6 of Land Acquisition Act, 1894 respectively.

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The petitioners prayer for quashing the notifications is highly belated i.e. after 34 years. Hon’ble Supreme Court in the cases (i) 2010(4) SCC 532 (Sawaran Lata and others vs State of Haryana and others); (ii) MANU/SC/0795/2008 (Swaika Properties Pvt. Ltd. and others vs State of Rajsthan and (iii) AIR 2011 SC 3558 (A.P. Industrial Infrastructure Corporation Ltd. Vs Chinthamaneni Narasimha Rao and Ors) and (iv) AIR 1974 SC 2077 (Aflatoon and others vs. Lt. Governor of Delhi and other) clearly held that the

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acquisition notification cannot be quashed after considerable delay of many years. From perusal of record, it also appears that State had taken possession of land in the year 1976 and award was also passed for the compensation of the acquired land. Petitioners have received compensation amount. Therefore, the prayer for quashing the notifications which were issued in 1976 is seriously barred by laches.

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3. Accordingly, the present writ petitions are dismissed .

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Order Date :- 29.05.2023 A.Kr.

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Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad

Smt. Ajit Kaur and Others v. State of U.P. and Others

Case brief

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Smt. Ajit Kaur and Others v. State of U.P. and Others

Case brief

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