Unexplained delay in seeking relief under Article 226 of the Constitution of India may lead to the dismissal of the petition.

JUDGMENT

Satish Chandra Sharma, C.J. The instant LPA has been preferred by the appellant, challenging the Judgment dated 17.11.2022 passed in W.P.(C) 3624/2013 titled as Bimla Devi Churiwal v. Delhi Development Authority ("Impugned Judgment"), wherein the learned Single Judge dismissed the writ petition on the ground that the same is barred by delay and laches.

2. The facts of the case reveal, that the Respondent/Delhi Development Authority ("DDA") in 1981 had launched the Rohini Residential Scheme for EWS/Janta, LIG and MIG category plots of land ("the Scheme"). The Appellant had applied under the scheme vide application No. 45461 dated 26.03.1981 to book an LIG plot admeasuring 32 square meters after depositing Rs.2,000/- towards registration charges vide receipt No. 15202 dated 26.03.1981. Due to a large number of applicants, the DDA decided to allot priority numbers to pending registrants by a computerised draw and the Appellant was assigned priority no. 15452.

3. The DDA states that upon scrutinizing the application of the Appellant, it was found that the appellant had not submitted her income proof for the assessment year 1980-81. Therefore, the DDA vide letter dated 17.12.1982 requested her to deposit the same along with an affidavit undertaking as required in Brochure. It is stated that though the Appellant submitted her income proof for the assessment year 1981-1982, the said information was incomplete and the DDA vide letter dated 21.08.1984 requested her to furnish the income proof of the assessment year 1980-81 with full details of the Appellant and her spouse along with the income tax assessment for the assessment year 1981-82. This letter dated 21.08.1984 however was returned as undelivered with the postal authority's remark `not known' and the DDA cancelled the Registration No. 45461 and Priority No. 15452 assigned to the Appellant vide letter dated 14.04.1986 and the Appellant was requested to submit the FDR duly discharged so that action for refund of earnest money deposited by her could be initiated. As the appellant did not furnish the FDR, the DDA on 02.04.2008 again requested the Appellant to furnish the original FDR and other requisite documents to expedite refund of earnest money deposited. However, even this letter was returned as undelivered.

4. The Appellant states that she had changed her residential address and was residing in Kolkata at this point and had intimated this to DDA vide letter dated 09.12.2004 along with a copy of her ration card and FDR. The Appellant visited the office of DDA in Delhi in 2012 and was informed that the persons with priority number immediately before and after her had been allotted a plot however she was not. The appellant filed an RTI Application dated 01.10.2012 bearing ID No. 5476 seeking a copy of the file of the Appellant maintained by Respondent DDA. In response to the RTI, DDA informed that the registration of the appellant had been cancelled.

5. It is in this backdrop that the Appellant preferred the underlying writ petition. The Learned Single Judge in the Impugned Judgment, after hearing both the parties and taking into account the facts, submissions made and the documents on record rejected the submissions made by the Petitioner and dismissed writ petition on the ground that the same is barred by inexplicable and unexplained delay. The Learned Single Judge however directed that the Respondent refund of the earnest money deposited by the Appellant within a period of four weeks from the date of the judgment.

6. At this juncture, it becomes apposite to summarise the law on delay and laches in respect of a writ petition filed under Article 226 of the Constitution of India. A Constitution Bench of the Hon'ble Supreme Court in the case of State of M.P. v. Bhailal Bhai, 1964 SCC OnLine SC 10, has held as under:

"17. At the same time we cannot lose sight of the fact that the special remedy provided in Article 226 is not intended to supersede completely the modes o