A writ petition filed over 25 years after the issuance of land acquisition notifications was dismissed by the Acting Chief Justice. The court held that the proceedings were final and there was no ground to interfere due to the excessive delay.
The prayer for quashing of the notifications and award dated 5.1.1990 was dismissed.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.17935of2014(O&M)
DATE OF DECISION: 02.09.2014
Gagandeep Kang and others …..Petitioners
versus
Union Territory of Chandigarh .....Respondent
CORAM:- HON'BLE MR.JUSTICEASHUTOSH MOHUNTA,ACTINGCHIEFJUSTICE
HON’BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. N.S. Boparai, Advocate for the petitioners
ASHUTOSH MOHUNTA,ACTINGCHIEFJUSTICE(Oral):
The petitioners pray for quashing of the notifications
dated 25.5.1989 and 11.9.1989 issued under Sections 4 and 6 of
the Land Acquisition Act, 1894, Annexures P/1 and P/3,
respectively, as well as the Award dated 5.1.1990 (Annexure P-4).
Learned counsel submits that the issuance of
notifications in this case is wholly illegal because the Adviser
was not competent to approve and sanction the notifications.
The notifications in this case were issued as far back
as in 1989. The petitioners have approach the Court highly
belatedly, i.e., after more than 25 years. The acquisition
proceedings are already over. There is no ground to interfere in
the present matter.
Dismissed.
( ASHUTOSH MOHUNTA ) ACTING CHIEF JUSTICE
02.09.2014 (HARINDER SINGH SIDHU)
parkash*JUDGE
PARKASH CHAND 2014.09.02 17:11 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a writ petiontious filed more than 25 years after the acquisition proceedings can be entertained to quash notifications issued under the Land Acquisition Act, 1894.
Whether the belatedness of the petition bars the Court from interfering with the impugned notifications.
1 provisions across 1 enactments
Gagandeep Kang and others
Union Territory of Chandigarh
Ashutosh Mohunta
Harinder Singh Sidhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court