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2011 Supreme(SC) 364

R.V.RAVEENDRAN, A.K.PATNAIK
SYED MAQBOOL ALI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Judgement Key Points

Key Points: - The Court held that if land is taken without acquisition, remedy may be through writ petition or civil suit, and Section 18 is not the applicable remedy when no acquisition has occurred (!) - The High Court’s dismissal of a writ petition on the basis of Section 18 as an alternative remedy was not justified, and the matter requires reconsideration on merits, while considering delay and laches (!) (!) - The decision emphasizes that belated writ petitions, absent proper explanation for delay, are liable to be dismissed and that the High Court should assess whether the case involves public law violation or high-handed state action (!) (!) - The Court remanded the matter to the High Court for fresh consideration and disposal of the writ petition in accordance with law, without expressing opinion on merits (!)

What is the remedy when land is taken without acquisition and a writ petition is filed seeking directions to acquire and pay compensation?

What is the correctness of dismissing a writ petition on the ground that Section 18 of the Land Acquisition Act provides the exclusive remedy?

What factors should the High Court consider when deciding whether to exercise writ jurisdiction in land acquisition disputes involving delayed petitions?


O R D E R

R. V. RAVEENDRAN J.

1. Leave granted.

2. Certain lands in village Sarai Badli and Ibrahimpur, Danda, Pargana Kora, District Fatehpur, UP, were acquired for construction of a six Kilometre road from Jahanabad to Garhi Jafraganj in the year 1982 and compensation was paid to the land owners in the year 1983.

3. In the year 1996, the appellant submitted a complaint to the Lokayukta alleging that his plots (bearing No.87/5, 88, 90, and 232 in Sarai Badli and plot No.580/5 and 602/1 in Ibrahimpur Danda) were included in the said acquisition; that in 1995 when he got his other lands measured, he found that his plots bearing Nos.27, 57, 58, 450, 451 and 452 (new numbers 103, 90, 93/1, 232/2, 231/2 and 229/5) measuring 0.7068 Hectare had been illegally and unauthorisedly used for constructing the road. On enquiry by the Lok Ayukta, the Addl. District Magistrate (Land Acquisition) informed that there was a possibility of the acquired lands being left out and the road being constructed in the adjoining lands which were not acquired. On the other hand, the concerned Executive Engineer, PWD, informed the Lok Ayukta that the













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