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RAJESH BINDAL, PIYUSH AGRAWAL
Ram Avtar Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-Order dated February 10, 2012 passed by the Secretary, Department of Industrial Development, in terms of directions issued by this Court vide order dated September 20, 2010 passed in Writ-C No. 55926 of 2010, titled as Ram Avtar Sharma v. State of U.P. and others, has been challenged by filing the present writ petition.
2. In terms of aforesaid directions, application filed by the petitioner under Section 48 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was to be decided. The writ petition challenging the acquisition of land otherwise was dismissed.
3. After hearing learned Senior Counsel for the petitioner, we do not find any case is made out for interference in the present writ petition, on account of huge delay and laches. The impugned order was passed by the Secretary of the Department concerned on February 10, 2012 and the writ petition has been filed more than a decade thereafter. As to how the petition, filed after huge delay, has to be dealt with has been considered by the Courts on number of occasions and the opinion expressed is that these petitions are required to be dismissed at the threshold.
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 doctrine of delay and laches bars stale claims in writ petitions, emphasizing timely action for relief.
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.
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....
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
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