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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE, JJ
Uday Laxman Pawar – Appellant
Versus
Secretary, Urban Development Department, (Municipal Administration) Revenue and Forest Department – Respondent
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard Mr. Prakash Pawar, learned Advocate for the Petitioner and Ms. P. B. Chavan learned AGP for the State.
2. By this petition under Article 226 of the Constitution of India, filed in the year 2024, the Petitioner claiming to be a Project Affected Person (“PAP”), has assailed the letter dated 05.04.1997 and the Resolution No.89 dated 07.11.2002 passed by the Respondent No.7, denying employment to the Petitioner.
3. Case of the Petitioner:-
a) Agricultural land (Gavthan Land) bearing Survey No.96/3 situated in village Sondeghar, District Ratnagiri. along with the dwelling house, owned by Mr. Laxman Subhanrao Pawar, Petitioner’s father was acquired by the State of Maharashtra, vide Land Acquisition Award dated 06.11.1975, under the provisions of Land Acquisition Act, 1894, for the purpose of “Public Irrigation Scheme of the State Government”.
b) Laxman S. Pawar expired on 19.05.1980 leaving behind his widow Padmavati L. Pawar, one unmarried daughter and two sons including the Petitioner, who all were dependent on the pensionary benefits of Laxman Pawar, who was an ex-service man.
c) Petitioner, to support his mother, sister and brother took up job as a da
A claim under Article 226 of the Constitution must be asserted within a reasonable time; delay renders the claim inadmissible.
Claims for employment by Project Affected Persons must be asserted timely; stale claims are barred by delay and laches.
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Delay and laches can bar a petitioner from seeking redress, and the court may refuse to exercise its discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to....
The court emphasizes the importance of timely filing of petitions and the need for valid and supported claims.
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