Hon’ble Delhi High Court has dismissed an appeal here on 09-01-2019 stating that parallel remedies in the matter of land Acquisition is an abuse of the process of law.

The above decision was given in the case of Gurmeet Singh Grewal & Ors. v. Union of India &Ors in which hon’ble court declared that in the matters related to the appeal if parallel remedies are sought for two different reasons, it is an abuse of the process of law.

BRIEF FACTS OF THE CASE

A notification under Sec 4 of the Land Acquisition Act,1894 was issued on 5^th November 1980 followed by a declaration under Section 6 of the land Acquisition Act issued on 6^th June 1985. The award was passed on 5^th June 1987.

This writ petition was filed by the applicant against the acquisition with respect to 5 Bighas 4 Biswas of land and to disturb or hinder the possession and enjoyment of the petitioner over the land.

DECISION OF THE SUPREME COURT

Delhi HC held that the petition is clearly barred by laches, as the lands in question are completely build up and form part of the unauthorized colony. The petitioner are seeking parallel remedies a son the one hand they are pursuing the remedy of regularization which is premised on the colony being unauthorized in as much it is located on the land which vests in the government where on the other hand they are seeking a declaration to the contrary when they failed to assert their ownership of the lands in question.

The present petition on the score appears to be an abuse of the process of law, thus petition got dismissed.