Case Note & Summary
The petitioner, legal heir of Tatoba Rama Chavan, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to allot 0.60R agricultural land as shortfall under the Maharashtra Project Affected Persons Rehabilitation Act, 1999. The petitioner's father owned 1H 0.49R land at Village Bambarde, which was acquired in 1983 under the Land Acquisition Act for dam construction. In lieu thereof, 0.60R land was allotted at Village Ekondi. The petitioner claimed that under the 1999 Act, her father was entitled to 1H 0.20R land, and thus she was entitled to balance 0.60R land. She made an application on 17 January 2020, which remained unconsidered. The respondents contended that the petition was not maintainable due to gross delay and laches, as the award was passed in 1983 and the application was made after 37 years, and even after the 1999 Act, the application was made after 20 years without any explanation. The court heard both sides and perused the record. The court noted that the land was acquired in 1983 when the Maharashtra Resettlement of Project Displaced Persons Act, 1976 was in force. The court held that the petition suffered from gross delay and laches, as the claim was made after 37 years of the award and 20 years after the 1999 Act, with no explanation for the delay. The court dismissed the petition on this ground.
Headnote
A) Constitutional Law - Writ Jurisdiction - Delay and Laches - Petitioner sought allotment of 0.60R land as shortfall under Maharashtra Project Affected Persons Rehabilitation Act, 1999, based on acquisition of father's land in 1983 - Application made in 2020 after 37 years of award and 20 years of Act - No explanation for delay - Held that writ petition is liable to be dismissed on ground of gross delay and laches (Paras 3-6).
Issue of Consideration
Whether a writ petition seeking allotment of shortfall land under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 is maintainable when there is gross delay and laches in filing the claim.
Final Decision
Writ petition dismissed on ground of gross delay and laches.
Law Points
- Delay and laches
- Limitation for writ petitions
- Rehabilitation of project affected persons
- Land acquisition
Case Details
2023 LawText (BOM) (07) 46
WRIT PETITION NO.3883 OF 2022
G.S. Kulkarni, Jitendra Jain
Mr. Pradeep D. Dalvi for Petitioner, Ms. M.S. Bane AGP for State
Tatoba Rama Chavan (since deceased) through legal heir Taramati Tatoba Chavan (since deceased) through legal heir Sou. Nanda Balkrishna Mane
Collector, Kolhapur District; District Rehabilitation Officer, Kolhapur; State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 seeking allotment of shortfall agricultural land as project affected person.
Remedy Sought
Direction to respondents to allot 0.60R agricultural land as shortfall as per demand application dated 17.1.2020.
Filing Reason
Petitioner's father's land was acquired in 1983, only 0.60R allotted instead of 1H 0.20R, and balance 0.60R not allotted despite application.
Issues
Whether the writ petition is maintainable in view of gross delay and laches in filing the claim.
Submissions/Arguments
Petitioner: Entitled to balance 0.60R land under Maharashtra Project Affected Persons Rehabilitation Act, 1999; application dated 17.1.2020 not considered.
Respondents: Petition not maintainable due to gross delay and laches; award passed in 1983, application after 37 years; no explanation for delay.
Ratio Decidendi
A writ petition seeking benefits under a rehabilitation Act after 37 years of acquisition award and 20 years after enactment of the Act, without any explanation for delay, is liable to be dismissed on ground of delay and laches.
Judgment Excerpts
The Respondents have contended that this petition is not maintainable on account of gross delay and laches inasmuch as the Petitioner is seeking benefits under an award made under the Land Acquisition Act in the year 1983 and there is no explanation for making an application in the year 2020, which is after a period of 37 years of passing the award.
We have heard learned Counsel for the Petitioner and the Respondents and have also perused the record.
Procedural History
Petitioner filed writ petition in 2022 seeking allotment of shortfall land. Respondents raised objection of delay and laches. Court heard arguments and dismissed petition.
Acts & Sections
- Maharashtra Project Affected Persons Rehabilitation Act, 1999:
- Maharashtra Resettlement of Project Displaced Persons Act, 1976: Section 10
- Land Acquisition Act:
- Constitution of India: Article 226
