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RAJESH BINDAL, PIYUSH AGRAWAL
Ved Prakash Chauhan – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
RAJESH BINDAL, CJ.
1. The present writ petition has been filed by the petitioner praying for quashing of the order dated April 29, 2019 passed by respondent No.1, by which the application filed by the petitioner for release of his land, in exercise of power under Section 48 of the Land Acquisition Act, 1894, Act was rejected. Further prayer has been made in the alternative to provide benefits to the petitioner in terms of the Full Bench judgment of this Court in Gajraj and others Vs. State of U.P. and others, 2011 (11) ADJ 1.
THE FACT
2. Briefly, the pleaded facts are that the petitioner claims that he was the owner of land measuring 0.9960 hectare, forming part of Khasra No. 649 situated in Village Gulistanpur, Pargana Dadri, Tehsil Sadar, District Gautam Budh Nagar. The notification under Section 4 of the Act proposing to acquire the aforesaid land was issued on September 5, 2007. It was followed by a notification issued under Section 6 of the Act invoking powers under Section 17 of the Act, on February 27, 2008. Challenging the aforesaid acquisition, the petitioner filed Civil Misc. Writ Petition No. 15845 of 2008. The aforesaid writ petition along with a bunch of writ petit
The principle that delay and laches may result in the refusal of relief under Article 226 of the Constitution of India.
The court upheld the validity of land acquisition proceedings, emphasizing previous adjudication, statutory compliance, and the impact of delay and laches on claims against the acquisition.
Once land is vested in the government after acquisition, it cannot be returned to the original owners, even if not utilized for the intended purpose.
The main legal point established in the judgment is that delay and laches in approaching the Court can lead to the dismissal of a writ petition, especially in cases where possession of the land has b....
Land Acquisition and Requisition - Once possession has been taken and land has not been utilised, there cannot be withdrawal from acquisition of any land. Land cannot be restituted to owner after sta....
Requisition proceedings under 1948 Act lapsed without proper compensation; State must initiate acquisition under 2013 Act.
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