SUPREME COURT OF INDIA
A.C.Gupta : E.S.Venkataramiah
Ft.Girdharan Prasad Missir And Another
Versus
State Of Bihar
Case No. : 2310 (n) of 1969
Date of Decision : 8/6/79
Land Acquisition Act – Sections 4 and 6 - Possession Of Disputed Property - This appeal is directed against an order of a division bench of high court dismissing writ petition filed by appellants before us inter alia on ground of undue delay in making petition - By filing writ petition appellants questioned validity of acquisition of plot - High court held that unexplained delay in making petition was itself a good ground for dismissing writ petition but also proceeded to consider merits of case and found that petition was liable to be dismissed and notification was issued in this case - Notification award was made and collector took possession of disputed property – Held, Writ petition was filed - High court found that delay from date of award has not been satisfactorily explained - Counsel for appellants refers to a number of decisions of this court which deal with question of delay and all of them agree that in such matters each case would depend upon its own facts - We find no reason why appellants if they were convinced that acquisition proceedings was invalid could not file writ petition within a reasonable time after notification was made - Really therefore delay was longer than High court thought necessary - On these facts we are of opinion that high court was right in holding that unexplained delay was a good ground for dismissing writ petition - As view we have taken on question of delay is sufficient to dispose of appeal we do not consider it necessary to go into other question raised on behalf of appellants - Appeal is dismissed.
Gupta, J.
(1) THIS appeal is directed against an order of a division bench of the Patna High court dismissing the writ petition filed by the appellants before us inter alia on the ground of undue delay in making the petition. By filing the writ petition, the appellants questioned the validity of acquisi- tion of Plot Nos. 449 and 447 of Khata Number 29,Touzi No.915 of Village Naraipur, Police Station Bagaha in the District of Champaran under the Land Acquisition Act. The High court held that the unexplained delay in making the petition was itself a good ground for dismissing the writ petition, but also proceeded to consider the merits of the case and found that the petition was liable to be dismissed.
(2) THE notification under S. 4 of the Land Acquisition Act was issued in this case on 22/05/1956. The notification under S. 6 is dated 20/12/1958. The award was made on 14/07/1962 and Collector took possession of the disputed property on 27/08/1963. The writ petition was filed on 12/03/1964. The High court found that the delay of more than 17 months from the date of the award has not been satisfactorily explained. Counsel for the appellants refers to a number of decisions of this court which deal with the question of delay and all of them agree that in such matters each case would depend upon its own facts. We find no reason why the appellants, if they were convinced that the acqui- sition proceedings was invalid, could not file the writ petition within a reasonable time after the S. 6 notification was made, which was in 1958. Really, therefore, the delay was longer than the High court thought necessary. On these facts, we are of opinion that the High court was right in holding that the unexplained delay was a good ground for dismissing the writ petition. As the view we have taken on the question of delay is sufficient to dispose of the appeal, we do not consider it necessary to go into the other question raised on behalf of the appellants.
(3) THE appeal is dismissed with costs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.