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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Sunita – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking enhancement/modification of award dated 05.03.2015 whereby she has been granted compensation of Rs.60,000/- by Permanent Lok Adalat, Panchkula.
2. The petitioner approached the respondent-Hospital for sterilization operation. She underwent the procedure twice and still conceived a child. At the time of second sterilization, she again requested for abortion but doctors told her to give birth to child. Due to medical negligence on the part of doctors, she approached Permanent Lok Adalat, Panchkula (Haryana) (for short ‘PLA’) which while allowing application under Section 22-C of the Legal Services Authority Act, 1987, has granted a sum of Rs.60,000/- as compensation.
3. The impugned order was passed on 05.03.2015. A period of more than 10 years has passed away.
4. On being asked reason of inordinate delay, learned counsel for the petitioner submitted that petitioner is a poor lady and she had engaged another counsel who did not file the case.
5. No hard-and-fast rule can be laid down as to when the High Court should refuse to exercise its jurisdiction in
Delay and laches affect the right to relief in writ petitions; excessive delay can preclude the court from exercising discretion favorably.
Court discretion under Article 226 is influenced by delay; unreasonable delays may bar relief, yet petitions filed within standard limitations need not require explanations.
Point of Law : Limitation - Delay/Latches - Doctrine of laches in Courts of Equity cannot be said to be a technical doctrine and has to be examined on peculiar facts and circumstances of each case. D....
Inordinate delay in filing petitions without reasonable explanation can lead to dismissal, emphasizing the importance of promptness in asserting rights under Articles 32 and 226.
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