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ARUP KUMAR GOSWAMI, DEEPAK KUMAR TIWARI
Sarpanch Gram Panchayat Tilkeja Through - Kul Singh Kanwar – Appellant
Versus
State Of Chhattisgarh Through - The Secretary, Department of Revenue – Respondent
ORDER :
Deepak Kumar Tiwari, J.
The petitioner has filed the instant Public Interest Litigation seeking direction against the respondent authorities to provide spacious road for approaching the Community Health Centre situated at Village Tilkeja, as also to provide gifted land to the petitioner, which is around 0.32 acres, which is to be broadened by the members of the Gram Panchayat for easy access to the said Community Health Centre.
2. The petitioner is an elected Sarpanch and representative of the Janpad Panchayat, Korba and Gram Panchayat Tilkeja. The State of Chhattisgarh has constructed a Community Health Centre for the betterment of the people of said Gram Panchayat. It is submitted that the subject land bearing Khasra No.306, ad measuring 0.32 acre, is situated within the territory of village Tilkeja, having Patwari Halka No.12/8, which is duly registered in the Revenue Records of Tahsil Bhainsma and District Korba. The original owner of the land namely, Shri Baman Rao, son of Pilaji Rao, gifted the said land to the State Government vide gift deed dated 20.8.1985. Thereafter the said land was allotted to the Department of Health Services by the then Government of Madhya Prade
The main legal point established in the judgment is that the findings in the revenue proceedings, which have attained finality, determine the ownership and possession of the land in question, and suc....
The main legal point established in the judgment is that the exercise of writ jurisdiction under Article 226 of the Constitution of India should not be used to determine administrative matters, and t....
Land Scam - 'Public Interest Litigation' – Not maintainable - PIL to be genuine Public Interest, not a publicity petition, politically motivated by third party, private interest or with any other mot....
Public Interest Litigation concerning property donation and administrative responsibility for healthcare infrastructure.
The court established that public interest litigations are subject to the principle of laches, and unexplained delays can result in dismissal regardless of the merits of the case.
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