This writ petition challenging land acquisition proceedings due to alleged wrongful invocation of the urgency clause was dismissed as barred by laches because the award passed over 14 years prior.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION NO. 10885 OF 2014
Shri Dattatraya Kashinath Raut and anr ….Petitioners.
Vs.
The Divisional Commissioner, Pune and ors ….Respondents.
Mr. P. D. Dalvi for the Petitioners.
Smt. Sushma Bhende, AGP for the Respondent Nos. 1 to 6.
CORAM : SMT. VASANTI A. NAIK AND C.V. BHADANG, JJ.
DATE : 07.01.2015
P.C.:-
Heard.
This is a novel case where the Petitioners have challenged the acquisition proceedings on the wrongful invocation of the urgency clause under Section 17 of the Land Acquisition Act, 1894 in the year 2000 by filing the writ petition on 24.07.2014.
The writ petition is liable to be dismissed on the ground of laches. The Award is passed more than 14 years earlier. It is surprising that the Award is challenged solely on the ground that the urgency clause could not have been invoked. It is needless to say that there is no merit in the writ
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petition and the same is liable to be dismissed. The Writ Petition is
dismissed as such with no order as to costs.
(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)
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1 issue framed by the court
Whether a writ petition challenging land acquisition proceedings can be entertained after a significant delay without sufficient justification.
Dattatraya Kashinath Raut and anr.
The Divisional Commissioner, Pune and ors.
Vasanti A. Naik
C.V. Bhadang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
