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AHANTHEM BIMOL SINGH
Veijalhing – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. Heard Mr. N. Ibotombi, learned senior counsel appearing for the applicant, Mr. R.K. Umakanta, learned GA appearing for the respondents No. 1 & 2, Mr. Ashish Deep Verma, learned counsel assisted by Mr. M. Tapan Sharma, learned counsel appearing for the respondent No. 3 and Mr. Kh. Samarjit, learned ASG appearing for the respondents No. 4 & 5.
The present application had been filed with a prayer for allowing the applicant to be impleaded as private respondent No. 5/intervener in the connected L.A. Appeal No. 2 of 2018.
2. The case of the applicant is that the Chief of Songpi Village namely Shri Thienkholet Haokip gifted some portion of Songpi Village reserved unsurvey hill land measuring an area of about 120 hectares to the applicant, the present respondent No. 3 and another person in the year 1992 vide gift deed bearing Registered No. G/Deed 85/92 dated 17.07.1992. Thereafter, the portion of the Songpi Village reserved unservey hill land measuring about 120 hectares which was gifted to the applicant, the said respondent No. 3 and another person were partitioned and an area of about 103 acres out of the said 120 hectares of the said land was partitioned as absolute share of
The Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 is a self-contained code, and the timely assertion of rights is crucial in exercising discretionary jurisdiction.
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
The court emphasized that challenging the acquisition proceeding through a writ petition, even with a delay of few months, is fatal and cannot be entertained. The court also highlighted the principle....
The principle that delay and laches may result in the refusal of relief under Article 226 of the Constitution of India.
The State cannot hide behind delay and laches to evade its responsibility to pay compensation for land acquired.
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....
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
Third parties not named in land acquisition proceedings cannot implead themselves in reference proceedings and must seek a reference from the Deputy Commissioner.
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