2010 (4) TMI 964

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... have been dismissed only on the ground of delay. The Review Petitions were filed which were also time barred by 48 days. The same stood dismissed vide order dated 25.9.2009. These special leave petitions have been filed with an inordinate delay of 172 days. Petitioners sought relief of quashing the land acquisition proceedings in respect of which the award had been made under Section 11 of the Land Acquisition Act, 1894 (hereinafter called as "Act 1894") on 27.4.2004. 3. The facts and circumstances giving rise to these petitions are that the respondent - State of Haryana issued a notification under Section 4 of Act 1894 in respect of a huge chunk of land including some land of the petitioners on 2nd May, 2001. Substance of the said notific .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Vide Hari Singh & Ors. Vs. State of U.P., AIR 1984 SC 1020). 7. A Constitution Bench of this Court, in Aflatoon & Ors. Vs. Lt. Governor, Delhi & Ors. AIR 1974 SC 2077, while dealing with the issue, observed as under:-            ".... to have sat on the fence and allowed the government to complete the acquisition on the basis that notification under Section 4 and the declaration under Section 6 were valid and then to attack the notification on the grounds which were available to them at the time when the notification was published, would be putting a premium of dilatory tactics. The writ petitions are liable to be dismissed on the ground of laches and delay on the part of the petitioner." .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... held that even the void proceedings need not be set at naught if the party has not approached the Court within reasonable time, as judicial review is not permissible at a belated stage. This Court held as under:              "......Delay in challenging the notification was fatal and writ petition entails with dismissal on grounds of laches. It is thus, well-settled law that when there is inordinate delay in filing the writ petition and when all steps taken in the acquisition proceedings have become final, the Court should be loathe to quash the notifications........The order or action, if ultra vires the power, becomes void and it does not confer any right. But the action need not .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X