Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | civil suit Land Acquisition Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - s. 18 - Acquisition of lands for construction of road - Payment of compensation to certain land owners - Appellant's case that his land was taken over without acquisition - Writ petition by the appellant almost two decades after the dispossession seeking direction for acquisition and payment of compensation - Dismissed by the High Court holding that the remedy lies u/s. 18 - Held: Not justified - Application seeking reference to court u/s. 18 would lie only where the land-holder is aggrieved by the award made by the Land Acquisition Collector in regard to land acquired under the Act - Application u/s. 18 cannot be filed in regard to a land which was not acquired at all - Remedy of a land holder whose land is taken without acquisition is either to file a civil suit for recovery of possession and/or for compensation, or approach the High Court by filing a writ petition, if the action can be shown to be arbitrary, irrational, unreasonable, biased, malafide or without the authority of law, and seek a direction that the land should be acquired in a manner known to law - When a writ petitioner makes out a case for invoking the extra-ordinary jurisdiction under Article 226 of the Constitution, the High Court would not relegate him to the alternative remedy of a civil court, merely because the matter may involve an incidental examination of disputed questions of facts - High Court would see whether the person seeking remedy in a matter which is a civil dispute or the matter relates to a dispute having a public law element or violation of any fundamental right or to any arbitrary and high-handed action - Also, belated writ petitions, without proper explanation for the delay, are liable to be dismissed - High Courts should also be cautious in entertaining such writ petitions - However, on facts, the High Court did not examine any of the relevant questions - Writ petition was dismissed after a pendency for seven years by a short order on a baseless assumption about the existence of a non-existent alternative remedy - Thus, matter remitted to the High Court for consideration afresh - Delay/ laches - Constitution of India, 1950 - Article 226. |
Judge | N/A |
Neutral Citation | 2011 INSC 263 |
Petitioner | Syed Maqbool Ali |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2011] 4 S.C.R. 238 |
Judgement Date | 2011-04-04 |
Case Number | 2913 |
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