Case Note & Summary
The petitioner, Nana Narayan Bhalerao (since deceased, through his legal heir Jalindar Nana Bhalerao), filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a direction to the respondents to allot him 80R of land as alternate land for the Nazare irrigation project. The petitioner claimed to be a project affected person. In 1974, the respondents had allotted 41R of land to the petitioner out of Gat No.548/13 at Jwala Arjun, Purandar, Pune. The petitioner contended that this allotment was insufficient and that he was entitled to 80R of land. After 49 years, in December 2022, the petitioner made an application to the District Resettlement Officer claiming the remaining 40R land. When no decision was taken, he filed the petition. The court noted that the petition was bereft of details regarding the acquisition and award, and contained only three cryptic grounds. The court observed that there was no explanation for the inordinate delay of 49 years, and that the mere making of a representation in 2022 did not create a fresh cause of action. The court held that the petition was barred by delay and laches, and dismissed it with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Delay and Laches - Petitioner sought allotment of additional alternate land under Nazare Project after 49 years from original allotment in 1974 - Court held that the petition was grossly delayed and no explanation was offered for the inordinate delay - Mere making of a representation in 2022 does not revive a stale claim - Petition dismissed on ground of delay and laches (Paras 1-8).
Issue of Consideration
Whether a petitioner can seek allotment of additional alternate land after a delay of 49 years from the original allotment, and whether a belated representation creates a fresh cause of action.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Delay and laches
- Limitation for writ petitions
- No cause of action by mere representation
- Reopening of stale claims
Case Details
2023 LawText (BOM) (07) 127
Writ Petition No.1332 of 2023
G.S. Kulkarni, Jitendra Jain
Nitin P. Deshpande (for Petitioner), S.S. Bhende (AGP for State)
Nana Narayan Bhalerao (since deceased through legal heir Jalindar Nana Bhalerao)
District Resettlement Officer, Pune; Additional Collector, Pune; Divisional Commissioner, Pune; State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 seeking allotment of additional alternate land for an irrigation project.
Remedy Sought
Direction to respondents to allot remaining 40R land out of Gat No. 711/2 and Gat No. 327/2A totaling 80R land at village Jwala Arjun, Tal. Purandar, Dist. Pune as alternate land.
Filing Reason
Petitioner claimed he was allotted only 41R land in 1974 instead of 80R, and his application in 2022 for additional land was not decided.
Issues
Whether the petition is barred by delay and laches.
Whether a belated representation creates a fresh cause of action.
Submissions/Arguments
Petitioner argued that he is entitled to additional 80R land and respondents are under legal obligation to rehabilitate him.
State opposed the petition on grounds of delay and laches.
Ratio Decidendi
A writ petition under Article 226 is liable to be dismissed on the ground of delay and laches when the claim is made after an inordinate delay of 49 years without any explanation. A belated representation does not create a fresh cause of action or revive a stale claim.
Judgment Excerpts
The only relief as prayed for by the petitioner under Article 226 of the Constitution reads thus: 'A. This Hon’ble Court may, by way of appropriate Writ order or direction, direct the respondents to allot to the petitioner remaining 40R land out of Gat No. 711/2 and Gat No. 327/2A admeasuring 40R totally 80R land at village Jwala Arjun, Tal. Purandar, Dist. Pune as an alternate land.'
There is no averment whatsoever of any legal right vested in the Petitioner to make such belated claim after the year 1974 that is after a period almost 49 years.
The Petitioner appears to be of the opinion that merely making a representation/application for allotment of land after such long-long delay would originate a cause of action in his favour to resurrect/reopen the proceedings...
Procedural History
The petitioner filed a writ petition in 2023 after making an application in December 2022 for additional alternate land, which was not decided. The original allotment was made in 1974.
Acts & Sections
- Constitution of India: Article 226
