DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Mohd. Suleman – Appellant
Versus
New Delhi Municipal Council – Respondent
| Table of Content |
|---|
| 1. appellant's long-standing grievances regarding shop demolition. (Para 1 , 3) |
| 2. arguments about the delay in seeking relief. (Para 2 , 4) |
| 3. ratios surrounding representation and delay. (Para 5) |
| 4. dismissal of the appeal due to lack of merit. (Para 6 , 7) |
JUDGMENT
D.N. Patel, CJ. (ORAL)--Proceedings have been conducted through video conferencing.
CM APPL. 3051/2022 (Exemption) & CM APPL. 3052/2022 (Exemption to file lengthy list of dates)
Allowed, subject to all just exceptions.
Applications stand disposed of.
LPA 48/2022
1. Being aggrieved and feeling dissatisfied with the judgment dated 07.12.2021, passed by the Learned Single Judge in writ petition being W.P. (C) 13910/2021, the Appellant (Original Petitioner) has preferred the present Letters Patent Appeal.
2. We have heard learned counsel appearing on behalf of the Appellant and have looked into the facts and circumstances of the case.
3. The case of the Appellant is that he had constructed a shop in Meena Bazar, opposite Jama Masjid, Delhi in the year 1971 and had paid damages to DDA upto the year 1975. Between the period from 1975 to 1976, a demolition drive was conducted, during which the shop of the A
Delays exceeding several decades in seeking legal remedies, without sufficient justification, bar petitions under the principles of delay and laches, emphasizing the need for timely judicial recourse....
The delay of 46 years in approaching the court without a satisfactory explanation constitutes delay and laches, barring the appellant's writ petition seeking an alternative shop.
A petition seeking to enforce a delayed request is barred by delay and laches, which undermine its merit and validity.
Gross delay and laches in approaching the court of law can impact the merit of a petition and influence the court's decision.
Stale claims cannot be revived through representations; timely action is essential in legal proceedings.
Timely legal recourse is essential; negligence in asserting rights can bar relief, and possession rights depend on actual possession being taken.
Inordinate delay in seeking relief can bar a petition under Article 226, emphasizing the principle of laches and the need for timely action by litigants.
A prolonged delay in prosecuting a writ petition can justify dismissal, reflecting a lack of diligence and warranting costs against the Appellant.
Judicial review may direct authorities to consider appeals timely without adjudicating merits.
The main legal point established in the judgment is that delay and inaction on the part of the petitioner can disentitle them from the relief sought, especially when no right had accrued in their fav....
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