Back
RAJESH SHANKAR
Md. Abu Bakar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for quashing the order dated 30.09.2015 (Annexure-16 to the writ petition), whereby the respondent no. 4 – the District Land Acquisition Officer, Ranchi declined either to pay compensation or to release the lands of the petitioners. Further prayer has been made for issuance of direction upon the respondents either to pay compensation along with interest @ 18% per annum from the date of acquisition till the date of actual payment or to release the lands in favour of the petitioners within a specified period.
2. Heard learned counsel for the parties and perused the impugned order dated 30.09.2015 passed by the respondent no. 4.
3. It appears that the respondent no. 4 entertained the petitioners’ representation preferred by them in view of order dated 21.10.2013 passed by this Court in W.P.(C) No. 410 of 2013. While considering the petitioners’ representation, the respondent no. 4 made factual observation that the lands in question were acquired in the year 1943-44 and the ancestors of the petitioners were paid compensation for the same. The said acquired land has been in possession of the Airport Authority of India (AAI) for last 72 ye
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
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.
The main legal point established in the judgment is the application of the principle of delay and laches in exercising the power conferred under Article 226 of the Constitution of India.
Inordinate delay undermines claims for compensation in land disputes unless justified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
