Hon’ble Delhi High Court has dismissed a Writ petition for claim here on 11-01-2019 stating that no claim can be permitted if such claim is doubtful in any sense including the ground of laches.
The above decision was given in the case of Arti Kapahi v. Union of India in which hon’ble court while dealing with the matters related to claims declared that if the claim made is doubtful then such claim cannot be granted at any cost.
BRIEF FACTS OF THE CASE
A notification under Sec 4 of the Land Acquisition Act, 1894 was issued on 25th November 1980 followed by a declaration under Section 6 of the land Acquisition Act issued on 27 May 1985. The award was passed on 26th May 1987.
According to the Petitioner, the possession of the land in question has remained with the predecessor of the Petitioner and after his demise with the Petitioner which has continued from 1980 till date. The compensation was also returned by the petitioner immediately with interest.
This writ petition was filed by the applicant against the acquisition with respect to 6 Bighas 12 Biswas of land and not to disturb or hinder the possession and enjoyment of the petitioner over the land.
DECISION OF THE COURT
Hon’ble Court held that apart from not having a case on merits, no explanation has been put forth by the Petitioner for the inordinate delay in approaching the Court. The passing of the 2013 Act cannot by itself constitute a cause of action when the Petitioner has taken no steps to pursue a challenge to the land acquisition proceedings in the meanwhile.
Court further held that such claims cannot be a subject matter of inquiry after the lapse of a reasonable period of time and beneficial provisions of Section 24 of the 2013 Act are not available to such incumbents. Court further sited several apex court judgement and held that such doubtful claims are barred due to delay and laches hence the writ petition got dismissed.
Read the full Judgement Here-
http://lobis.nic.in/ddir/dhc/SMD/judgement/14-01-2019/SMD11012019CW101402015.pdf
