G. S. KULKARNI, SOMASEKHAR SUNDARESAN
Nizamuddin Husainsaheb Pirjade – Appellant
Versus
State of Maharashtra Through its Revenue and Rehabilitation Department – Respondent
JUDGMENT :
Somasekhar Sundaresan, J.
1. Rule. The Respondents waive service. By consent of parties, Rule is made returnable forthwith, and the Writ Petition is taken up for final hearing and disposal.
2. This Petition, filed in 2018, is essentially a challenge to an order passed by the Respondent No. 2, Divisional Commissioner, Pune Division, in January 2006[Originally, the prayer in Paragraph 30(b) of the Petition referred to this order as being passed in June 2006, while the amended and added prayer at Paragraph 30(bb) provides a date of February, 2006. However, the order, appended before and after the Petition was amended to bring on record documents received under the Right to Information Act, 2005, shows the typed date simply as January 2006 (without a date) but it appears to have been signed on February 8, 2006.], rejecting a revision application filed by the Petitioners under Section 48(1) of the Land Acquisition Act, 1894 (“the Land Acquisition Act”). The primary prayer in this Petition was for a declaration that the acquisition had lapsed by reason of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (
Chennai Metropolitan Water Supply & Sewerage Board and Ors. Vs. TT Murali Babu (2014) 4 SCC 108
Durga Prasad v. Chief Controller of Imports and Exports (1969) 1 SCC 185
Indore Development Authority Vs. Manoharlal and Ors. (2018) 3 SCC 412
The court ruled that inordinate delay and lack of diligence by petitioners preclude the exercise of extraordinary jurisdiction under Article 226 of the Constitution in land acquisition matters.
Possession must remain with the landowner for an application under Section 48(1) of the Land Acquisition Act to be maintainable; erroneous inclusion of mortgaged land invalidates acquisition.
No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Acquisition proceedings lapse under Section 24(2) of the 2013 Act if neither possession is taken nor compensation is paid.
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
The main legal point established in the judgment is that delay and laches in approaching the Court can lead to the dismissal of a writ petition, especially in cases where possession of the land has b....
The court upheld the validity of land acquisition proceedings, emphasizing previous adjudication, statutory compliance, and the impact of delay and laches on claims against the acquisition.
The central legal point established in the judgment is the interpretation and application of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and R....
Timely challenges are essential in land acquisition disputes; relief cannot be granted due to inordinate delay as established by the court's reaffirmation of the principle of laches.
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