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RAJESH SHANKAR
Shahnawaz Sheikh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. claims for compensation due to dispossession are made. (Para 1 , 2 , 3 , 4) |
| 2. respondents contest the claim based on legal title. (Para 5 , 6) |
| 3. court reviews the legitimacy of property claims based on records. (Para 7 , 8 , 9) |
| 4. long delays can preclude relief due to legal principles. (Para 10 , 11 , 12 , 14) |
| 5. court ultimately dismisses the petition. (Para 15 , 16 , 17) |
ORDER :
HON'BLE MR. JUSTICE RAJESH SHANKAR
The present writ petition has been filed for issuance of direction upon the respondents to pay compensation to the petitioner with respect to the land appertaining to Khata No. 1, Plot No. 1, measuring an area of 2.50 acres of Mouza-Naisarai, P.S Ramgarh Cantt. (Old P.S Mandu), District-Hazaribagh (now Ramgarh) or for issuance of direction upon the respondent-CCL to hand over the vacant possession of the said land to the petitioner as according to him, the respondent-CCL has forcibly taken possession of the said land.
2. Learned counsel for the petitioner submits that petitioner’s father namely, Haider Sheikh @ Sheikh Mohammad Haider Ali and his brother namely, Sheikh Ahmad Raja had purchased the said land by virtue of sale deed dated 30.11.1972 from the er
Inordinate delay undermines claims for compensation in land disputes unless justified.
The High Court may refuse relief due to delay and laches, particularly when third-party rights have accrued, prioritizing timely claims and the integrity of past compensations.
State's unauthorized occupation of private property without acquisition violates Article 300A; unsubstantiated donation claims rejected; delay and laches no bar to compensation for continuing wrong. ....
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
The central legal point established in the judgment is that the right to compensation for expropriation of property is guaranteed under Article 300A of the Constitution of India, and delay in seeking....
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
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