Huchamma (D) By Lrs vs State Of Karnataka & Ors
- SCC(2009) 16 SCC 656
- AIRAIR 2009 SC 1428
Ratio decidendi
The rule this decision rests on
Where a party seeks to challenge a land acquisition through writ petition, such challenge is subject to the doctrine of laches, and where the preliminary notification was issued more than 17 years before the writ petition was filed, with the final notification and award having been passed years earlier and possession taken, the inordinate delay in filing the challenge constitutes a sufficient ground to dismiss the writ petition on grounds of delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
HUCHAMMA (D) BY LRS. ....APPELLANTS VERSUS STATE OF KARNATAKA & ORS. ....RESPONDENTS
ORDER
Leave granted.
This Appeal is directed against an order dated 15th of December, 2004 passed
by a Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal
No.2945 of 2004.
We have heard learned counsel for the parties and examined the impugned
order and the order passed in the writ petition and other materials on record.
Having heard the learned counsel for the parties and after going through the
materials on record, we are not inclined to interfere with the impugned order of the
High Court as we find that the High Court has rightly dismissed the writ appeal on
the ground of inordinate delay holding that the preliminary notification acquiring the
land in question including the lands of the appellants was issued on
contd....2/-
::2::
15th July, 1982 and the final notification was issued on 16th August, 1985 and the
award was passed on 12th May, 1998 and possession of the land in question was taken
over on 30th June, 1998, and subsequent to that the writ petition was filed in the year
2000. We are, therefore, of the view that the High Court was justified in dismissing
the writ appeal on the ground of inordinate delay in filing the appeal.
Accordingly, this appeal is dismissed, with no order as to costs. Interim order
passed by this Court on 4.3.2005 stands vacated.
......................J. (TARUN CHATTERJEE)
......................J. 1(V.S. SIRPURKAR) NEW DELHI, JANUARY 14, 2009
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