This appeal challenges the dismissal of a claim for a plot in lieu of land acquisition rejected as time-barred. The Court dismissed the appeal, upholding the order based on laches due to the delay between the rejection of the claim and filing the writ petition.
The present appeal is dismissed. Pending miscellaneous applications are disposed of.
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.
HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
LPA No. 89/2017 Decided on: 05.10.2023
Durga Dass Sharma .…Petitioner Versus State of H.P. & Ors. ....Respondents Coram
The Hon’ble Mr. Justice M.S. Ramachandra Rao,Chief Justice. The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner. : Mr. Arvind Sharma, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Mr. Pranay Pratap Singh, Additional Advocates General, Mr. Arsh Rattan & Mr. Sidharth Jalta, Deputy Advocates General, for respondents No.1 & 2. Mr. Anil Kumar Jaswal, Advocate, for respondent No.3.
M.S. Ramachandra Rao (Chief Justice) (Oral)
This Letters Patent Appeal is preferred by the appellant challenging order dt. 01.04.2017 in CWP No.11054/2011 passed by the learned Single Judge.
1 Whether reporters of the local papers may be allowed to see the judgment?
that appellant’s father lost a shop-cum-residence, when it was acquired by the authority for the construction of Bhakra Dam Project and had received compensation of Rs.556/- in the year 1979 and there was also a scheme for allotment of plot in lieu of acquisition.
( M.S. Ramachandra Rao ) Chief Justice
(Jyotsna Rewal Dua) Judge
05th October, 2023 (rohit)
2 issues framed by the court
Whether the appellant's claim for allotment of a plot in lieu of land acquisition is time-barred due to laches.
Whether the appeal against the Single Judge's order dismissing the claim on grounds of laches deserves to be allowed.
Durga Dass Sharma
State of H.P.
M.S. Ramachandra Rao
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
