Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court dismissing the Writ Petition filed by the appellant on the ground that it was highly belated. It also noted that the appellant had received compensation in respect of the land which was acquired.

3. Background facts in a nutshell are as follows:

In the year 1971 Maharashtra Industrial Development Corporation (in short ‘MIDC) acquired about 1250 acres of agricultural land situated at four villages in Ratnagiri district of Maharashtra. Thirty eight acres of land belonging to the appellant were acquired. It is the stand of the appellant that out of the acquired area, about 50% was under paddy cultivation and 25% was under cultivation of mango crops. In the appellants land about 175 mango trees were there. In the year 1973, the Revenue and Forest Department of the Maharashtra Government passed a resolution inter-alia deciding to take steps in respect of surplus acquired land which remained unutilized for a period of three years from the date of taking over possession for resumption of such lands in accordance with the applicable rules and orders. In 1974, a Writ Petition was filed by the appellant challenging the Notification for acquisition and an arrangement was worked out in which 20 acres of appellants land out of 38 acres were released. The lands were acquired for a Govt. company-Balco for setting up a manufacturing unit. Since Balco did not set up any unit, license issued to it was cancelled. In the year 1982, appellant claims to have made representations alongwith similarly situated land owners for restoration of the acquired land to the original owners. In the year 1983, compensation was paid to 686 land owners. In 1984, again the appellant made a representation to the Collector of Ratnagiri for release of the land. On 20.7.1989 a Committee was appointed by the Legislative Assembly for consideration of the proposal for handing back the acquired land to the original owners. Certain recommendations were made by the said Committee. On 20.8.1992 the land acquired for Balco was allotted to another industrial group. Subsequently, the State Government asked the industrial group not to continue the construction activities in view of pendency of cases. On 12.11.2002, representations were again made to hand back the land not utilized. It was the specific stand of the appellant that in view of Section 39(2a) of the Maharashtra Industrial Development Act, 1961 (in short the ‘Act) the land should be restored. The High Court dismissed the writ petition on the ground that it was highly belated.

4. In support of the appeal, learned counsel for the appellant stated that the appellant was all through representing to the authorities and because of the recommendations by the Committee, the appellant waited for some time and ultimately when no worthwhile action was taken, he filed the writ petition.

5. Learned counsel for the respondent on the other hand supported the judgment of the High Court.

6. It is pointed out that the recommendations made in terms of the resolution were not accepted by the Government. It was decided that since definite policy has been formulated the land is to be utilized for the industrial development, the same cannot be surrendered to the original owners for cultivation purposes. It is also pointed out that the so called representations do not in any way assist the appellant to explain the long delay in filing the writ petition.

7. It is also pointed out that Section 39(2a) is applicable only in respect of the undeveloped land, and in the instant case the land in question is developed land.

8. Delay or laches is one of the factors which is to be borne in mind by the High Courts when they exercise their discretionary powers under Article 226 of the Constitution of India, 1950 (in short the `Constitution). In an appropriate case the High Court may refuse to invoke its extraord