[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost
The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".While noting that there is no merit in the petition, a devision bench of Justice Sureshwar Thakur and Justice Ritu Tagore said,...
The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".
While noting that there is no merit in the petition, a devision bench of Justice Sureshwar Thakur and Justice Ritu Tagore said, "...the subject lands are an integral component of the layout plan, and, as such they sub-serve the relevant public purpose. Moreover, when therebys the relevant public purpose predominates thus ill individualist selfish purposes, thereby also this Court is constrained to dismiss the instant writ petition."
The writ petition was filed challenging the award passed in 1975, seeking enhancement of the compensation granted for land acquired by Haryana Government for public purpose. The Court noted that being aggrieved from the award the petition for enhancement of compensation under Section 18 of the Land Acquisition Act, 1894, was also filed before the District Judge concerned, who passed an award in 1979.
After hearing the submission, the Court referred to M/S. Star Wire (India) Ltd vs The State Of Haryana & Ors [1996], to underscore that "belatedly instituted claims are per se imbued with a vice of delay and laches, as therebys the petitioners abandon and waive their rights over the disputed lands." It further remarked that, the writ petition was completely mis-constituted.
In the light of the above, the Court opined that there was no merit in the writ petition, especially since it was stated by State counsel that the subject lands were an integral component of the layout plan, and, as such they sub-served the relevant public purpose.
While dismissing the plea, the Court imposed a costs of Rs.25,000 directing to deposit with the 'Punjab and Haryana High Court Employees' Welfare Association'.
Mr. Alok Mittal, Advocate for the petitioners.
Mr. Saurabh Mago, DAG, Haryana.
Title: RUPA JINDAL AND OTHERS v. STATE OF HARYANA AND ANOTHER
Citation: 2024 LiveLaw (PH) 218
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