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VIPIN SANGHI, MANOJ KUMAR TIWARI
Ajay Kumar Verma – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Vipin Sanghi, CJ. - The present Special Appeal is directed against the judgment dated 05.05.2021, rendered by the learned Single Judge in Writ Petition (M/S) No. 977 of 2021. The appellant preferred the said writ petition to seek direction to the respondents to award him compensation, in respect of his alleged land, which the respondent-State allegedly took over without due process of law, for construction of a road.
2. The learned Single Judge noticed that according to the writ petitioner, his land was allegedly taken over way back in the year 1990 for construction of road called Tirathpur, Dhanpur Motor Road.
3. The writ petition itself was preferred 31 years after the alleged takeover of the said land for construction of the road. Along with the writ petition, the petitioner placed on record his representation dated 13.02.2021, claiming compensation at current rates. The averment made in the writ petition, touching upon the aspect of delay and laches, is found in para 9 of the writ petition, wherein, the petitioners stated that they have moved several representations before the respondents, requesting therein, that they may be given compensation at the present circle rate,
Delay and laches are principles of equity that can disable opposing authorities from effectively contesting claims due to the passage of time.
Approaching the court under Article 226 of the Constitution of India requires filing the writ petition within a reasonable period, and delay in filing the claim for compensation without a justifiable....
The State cannot take possession of land without compensation, and delay cannot bar justice in land acquisition cases.
The main legal point established in the judgment is the concept of latches and the effect of delay in seeking legal remedies, which led to the dismissal of the writ petition.
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.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
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