A writ petition seeking appointment as a project affected person due to land acquisition acquired in 1996 but where the representation was made in 2020, pending rejection, was rejected for gross latches and delay.
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wp1904.2022
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1904/2022
Shri Vilas Purushottam Bhongale ... Petitioner
The Chairman Cum Managing Director, Western Coalfields Limited, Nagpur and others ... Respondents
Mr. M.K. Mishra, Advocate for Petitioner.
CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.
DATE : 12 APRIL 2022
P.C. :
Petitioner has sought a direction to set aside the communication dated 22 August 2020 rejecting the representation of the Petitioner. We note that merely by making a representation in the year 2020 and rejection thereof on 22 August 2020, Petitioner cannot get over the aspect of delay and
2 wp1904.2022
latches which would commence from the date Petitioner became entitled to relief. In the present case, Petitioner has sought an appointment as a project affected person on the ground his land was acquired. The land was acquired on 24 February 1996. Application was made on 27 March 2004. The representation is made in April 2020 and upon rejection in August 2020, Petitioner has approached this Court. The right to seek employment arose in the year 1996.
Tambaskar.
Signed By:NILESH VILASRAO TAMBASKAR Private Secretary
Signing Date:18.04.2022 17:49
3 issues framed by the court
Whether the petitioner is entitled to employment as a project affected person despite a delay of over 25 years.
Whether theExplanation regarding statutory periods applies ex·tacit`o by analogy to the petitioner's long-delayed application.
Whether the writ petition can be entertained despite the lapse of time since the petitioner first became entitled to the relief.
1 provisions across 1 enactments
Vilas Purushottam Bhongale
The Chairman Cum Managing Director, Western Coalfields Limited, Nagpur
Others
Nitin Jamdar
Anil L. Pansare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
