9911796707
TMI Blog2008 (7) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... ired, purchased or used by the Company. The policy was again modified in 1996 and entitlement was increased to 1600 MTs. 3. It is the case of the Company that it purchased land of the respondent admeasuring 1.26 acres and registered sale deed No. 2006, dated February 17, 1989 was executed at Dhanbad. In the light of the policy then in vogue, the respondent was offered 1008 MTs of coal on the basis of 800 MTs per acre since the sale was for 1.26 acres of land. The respondent accepted the said decision on February 23, 1989 and a written communication was addressed to the General Manager stating therein that the land owner was not interested in getting employment and he would be thankful if 1008 MTs of coal would be given to him. The Authorities accepted the request and the appellant Company vide a letter dated May 22, 1989, passed an order to release 1008 MTs of steam Coal, Grade-D. It was stated that the coal would be released on fulfilling the terms and conditions mentioned in the said communication. According to the Company, everything was over and nothing further was required to be done in the matter. The respondent-writ-petitioner was paid consideration for land which was sold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2000 observing that when the order was passed by the learned single Judge on September 6, 1999, the counsel for the Company appeared and no reply was filed by the Company. In the circumstances, the Company had "to blame itself". The matter was thereafter taken up by the learned single Judge and even at that stage, no reply was filed. According to the Court, therefore, there was no reason to interfere with the order of the single Judge and the appeal was dismissed. 8. The Company challenged the order passed by the Division Bench of the High Court by filing Special Leave Petition No. 8238 of 2000. When the matter came up for admission hearing, it was withdrawn on May 12, 2000. The said order mentioned that the learned counsel for the Company stated that the Company would file 'Review Petition' in the High Court. The special leave petition was accordingly 'dismissed as withdrawn'. Thereafter Review Petition was filed by the Company in the High Court and as stated above, the Review Petition was also dismissed by the Court observing that there was "no apparent error to review the order". The said order is challenged in the present appeal. 9. Initially when the matter was placed for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny. The said amount had already been paid to the writ petitioner. It was only on the basis of the policy that coal was offered to the writ-petitioner. Even if it is assumed that the writ petitioner had right to get coal as per the policy adopted by the Company, the quantity to which the respondent was entitled was given to him. Thereafter there was no cause for making grievance against the Company. It is only on the basis of 1996 Policy that additional quantity was demanded by the writ-petitioner by filing writ petition in 1999 to which there was no entitlement on the part of the writ petitioner. Even on that ground, therefore, the petition was liable to be dismissed. The counsel also argued that when the writ petitioner was paid consideration for land as also coal under the policy in force and when it was accepted without any protest, the writ petitioner was estopped under the doctrine of equitable estoppel to challenge the said decision. By his conduct, writ petitioner made it abundantly clear that he was satisfied as to the quantity which was offered to him and after acceptance thereof, it was not open to challenge the said decision. It was also urged that the learned single Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he counsel appearing for the Company. In the affidavit-in-reply, it was stated by the writ petitioner that several similarly situated persons were granted the benefit and additional quantity of coal was given to them. Copies of the orders in favour of all those persons were placed on record in the counter-affidavit. It was further stated that the policy was modified in 1996 and additional quantity of coal was given to land losers. Such benefit was also granted to other persons. Refusal to grant similar benefit to the writ petitioner was violative of Article 14 of the Constitution. The counsel submitted that in the circumstances, the Division Bench was right in not entertaining intra-court appeal on the ground that if counter was not filed by the Company, the Company had to thank itself. Again, it is not true to say that liberty was granted by this Court to file Review Petition. Special Leave Petition was dismissed as withdrawn but this Court did not grant liberty to file Review Petition. Hence, the Review Petition itself was not maintainable. The counsel also contended that even in the present proceedings, the prayer is only to set aside an order passed in Review on January 28, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s imperative, where the petitioner invokes extra-ordinary remedy under Article 226 of the Constitution, that he should come to the Court at the earliest reasonably possible opportunity. Inordinate delay in making the motion for a writ is indeed an adequate ground for refusing to exercise discretion in favour of the applicant. 16. Under the English law, an application for leave for judicial review should be made "promptly". If it is made tardily, it may be rejected. The fact that there is breach of public law duty does not necessarily make it irrelevant to consider delay or laches on the part of the applicant. Even if leave is granted, the question can be considered at the time of final hearing whether relief should be granted in favour of such applicant or not. (Vide R. v. Essex Country Council, 1993 COD 344). 17. In R. v. Dairy Produce Quota Tribunal, (1990) 2 AC 738, 749 : (1990) 2 All ER 434 : (1990) 2 WLR 1302, the House of Lords stated; "The public interest in good administration requires that public authorities and third parties should not be kept in suspense as to the legal validity of a decision the authority has reached in purported exercise of decision making powers fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in judging constitutional validity of a provision. It has to be remembered that the constitutional remedy under Article 32 is discretionary. In one case, this Court may decline discretionary relief if person aggrieved has slept over for long number of years. In another case, depending upon the nature of violation, court may ignore delay and pronounce upon the invalidity of a provision. It will depend from case to case." (emphasis supplied) 21. Prima facie, we are satisfied that the learned single Judge should not have entertained a writ petition in 1999 and in directing the Company to release balance quantity of 1008 MTs of coal to the writ petitioner. But as observed earlier, the order was passed in view of the statement of learned counsel appearing for the Company that the Court could pass "usual order" and accordingly the order was passed. It was also stated by the writ petitioner in the counter-affidavit that similar orders were passed in several matters. It would, therefore, be appropriate if we extend the benefit to the writ petitioner of the order passed by the learned single Judge to the extent of "balance quantity of 1008 MTs of coal", which was based on the 'statement' ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
