Decades-Long Delay In Challenging Land Acquisition Notifications: 3-Judge Bench To Examine Whether Such Challenge Can Be Entertained [Read Order]
6 years, 11 months ago

Decades-Long Delay In Challenging Land Acquisition Notifications: 3-Judge Bench To Examine Whether Such Challenge Can Be Entertained [Read Order]

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We are of the view that delay and laches may be a bar to challenge to the acquisition after 27 years, the bench observed.The Supreme Court, in Union of India vs. Gopaldas Bhagwan Das, has referred to the larger bench the question whether the high court can entertain the plea challenging land acquisition notification when there is a delay of decades.In this case, the writ petition was. The Supreme Court, in Union of India vs. Gopaldas Bhagwan Das, has referred to the larger bench the question whether the high court can entertain the plea challenging land acquisition notification when there is a delay of decades. We are of the view that delay and laches may be a bar to challenge to the acquisition after 27 years, the bench of Justice AK Goel and Justice R Banumathi said taking note of another decision of two-judge bench of the apex court in Tamil Nadu Housing Board, Chennai vs. M Meiyappan & Ors wherein it dismissed the challenge against such notification on the ground the petitioners therein had no explanation as to why it took them 16 years to challenge the acquisition of their lands. The bench also noted that the observation made in the Tamil Nadu Housing Board case that land acquisition proceedings the court should not encourage stale litigation as it may hinder projects of public importance, was also reiterated by another three-judge bench in the recent judgment in Indore Development authority vesus Shailendra through Lrs.

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