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AUGUSTINE GEORGE MASIH, HARPREET SINGH BRAR
Ashutosh Jain – Appellant
Versus
Assistant Estate Officer, U. T. Chandigarh – Respondent
JUDGMENT
Mr. Harpreet Singh Brar, J.
The petitioner has approached this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the order dated 09.06.1978 (Annexure P-4) passed by respondent No.1, ordering cancellation of the allotment of House No. 3307, Sector 15-D, Chandigarh along with order dated 05.01.1980 (Annexure P-8) passed by respondent No.3 and order dated 14.12.1994 (Annexure P-17) passed by respondent No.3, whereby the review petition filed by the petitioner has been ordered to be dismissed on the ground of delay and review being not maintainable.
Factual Background
2. The facts of the case as emanating from the record as well as from the arguments of both the parties, en seriatim, are as under:-
3. On 28.10.1974, Mohan Lal Jain was allotted the site of House No. 3307, Sector 15-D, Chandgiarh on lease hold basis for a period of 99 years. A show cause notice was issued to him on 26.12.1977 under Rule 20 of the Chandigarh Lease-Hold of Sites and Building Rules, 1973 Rules for non-payment of 2nd and 3rd instalment. The site was ordered to be cancelled by the Estate Officer on 09.06.1978. Vide order dated 24.05.
Delay in asserting rights can extinguish enforceable claims, especially when cancellation was not contested in a timely manner.
The principle that delay and laches may result in the refusal of relief under Article 226 of the Constitution of India.
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.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
The court emphasized the necessity of considering sufficient cause regarding delays in petition filings and distinguished between dismissal and disposal of cases, asserting review jurisdiction must b....
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