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J. B. PARDIWALA, MANOJ MISRA
Urban Improvement Trust – Appellant
Versus
Vidhya Devi – Respondent
JUDGMENT :
J. B. PARDIWALA, J.
For the convenience of exposition, this judgment is divided into the following parts: -
| INDEX | |
| A. | FACTUAL MATRIX |
| B. | WRITTEN SUBMISSIONS BY THE APPELLANT |
| C. | WRITTEN SUBMISSIONS BY THE RESPONDENTS |
| D. | ISSUES FOR DETERMINATION |
| E. | ANALYSIS |
| (i) | On the question of delay in filing the writ petitions before the High Court |
| (ii) | On the validity of the notification for acquisition under Section 52(1) |
| (iii) | On the question of whether the compensation was determined and paid lawfully to the respondents |
| F. | CONCLUSION |
1. Leave granted.
2. Since the question of law involved in all the captioned appeals is the same, they were taken up for hearing analogously and are being disposed of by this common judgment and order.
3. The present appeals arise from a common judgment passed by the High Court of Judicature for Rajasthan at Jaipur dated 29.10.2009 in D.B. Special Appeal (Writ) No. 669/1999 in Civil Writ Petition No. 2171/1998 and D.B. Civil Special Appeal (Writ) No. 673/1999 in S.B. Civil Writ Petition No, 2204/1998 respectively whereby the High Court allowed the writ appeals and thereby q
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Compulsory acquisition of land – If any individual is to be divested or deprived of said right by State, it ought not be done without giving compensation in accordance with law for land so acquired f....
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The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
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