Case Note & Summary
The petitioners filed writ petitions challenging orders of the Civil Judge Senior Division, Omerga, dismissing their Land Acquisition References (LARs) for default. The references were filed under Section 18 of the Land Acquisition Act, 1894, seeking enhancement of compensation for land acquired. The LARs were dismissed on various dates: LAR No. 252/2004 on 2.5.2008, LAR No. 1333/2009 on 4.3.2014, LAR No. 401/2004 on 31.1.2009, and LAR No. 402/2004 on 31.1.2009. The petitioners approached the High Court in 2022, more than a decade after the dismissals, seeking to revive the dead claims. The court noted that the petitioners offered no explanation for the inordinate delay and that the references had been dismissed due to their own default in appearing before the Reference Court. The court held that the petitions were barred by delay and laches and that no interference was warranted. The court dismissed all four writ petitions with no order as to costs.
Headnote
A) Land Acquisition - Reference under Section 18 - Dismissal for default - Delay and Laches - Petitioners sought enhancement of compensation under Section 18 of the Land Acquisition Act, 1894 - Their references were dismissed for non-appearance between 2008 and 2014 - They filed writ petitions in 2022 seeking restoration, offering no explanation for the delay - Held that the petitions are barred by delay and laches and no interference is warranted (Paras 1-8).
Issue of Consideration
Whether the writ petitions seeking restoration of land acquisition references dismissed for default after more than a decade should be entertained despite gross delay and laches.
Final Decision
All four writ petitions are dismissed. Rule discharged. No order as to costs.
Law Points
- Delay and laches
- Limitation Act
- 1963
- Section 5
- Land Acquisition Act
- 1894
- Section 18
- Reference Court
- Restoration of dismissed references
- Inordinate delay
- No sufficient cause
Case Details
2022 LawText (BOM) (11) 7
Writ Petition No.718 of 2022 with Writ Petition No.719 of 2022, Writ Petition No.728 of 2022, Writ Petition No.730 of 2022
Mr. P V Ambade for petitioners, Mr. S N Morampalle AGP for Respondent State
Housabai w/o Gahininath Pawar (deceased through L.R. Laxman s/o Gahininath Pawar) in WP 718/2022; Sow. Komalbai Ramesh Jadhav in WP 719/2022; Vitthal s/o Devrao Mashale in WP 728/2022; Raghunath s/o Dhondiba Mashale in WP 730/2022
The State of Maharashtra through Collector, Osmanabad (in all petitions); additionally in WP 719/2022: The Special Land Acquisition Officer and The Executive Engineer, Maharashtra State Electricity Board
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Nature of Litigation
Writ petitions challenging orders of the Civil Judge Senior Division, Omerga, dismissing Land Acquisition References for default.
Remedy Sought
Petitioners sought to challenge the dismissal of their Land Acquisition References and to revive the claims for enhancement of compensation.
Filing Reason
The petitioners' Land Acquisition References were dismissed for non-appearance, and they filed writ petitions after a delay of more than a decade.
Previous Decisions
The Land Acquisition References were dismissed on various dates: LAR No. 252/2004 on 2.5.2008, LAR No. 1333/2009 on 4.3.2014, LAR No. 401/2004 on 31.1.2009, and LAR No. 402/2004 on 31.1.2009.
Issues
Whether the writ petitions seeking restoration of land acquisition references dismissed for default are maintainable despite gross delay and laches.
Submissions/Arguments
Petitioners argued that the references should be restored as they were dismissed for default.
Respondent State opposed the petitions on the ground of delay and laches.
Ratio Decidendi
The court held that the petitions are barred by delay and laches as the petitioners failed to explain the inordinate delay of over a decade in approaching the court. The references were dismissed due to the petitioners' own default, and no interference is warranted.
Judgment Excerpts
By filing these writ petitions, an attempt is made to infuse life into dead claims filed by Petitioners for enhancement of compensation.
The petitions are barred by delay and laches and no interference is warranted.
Procedural History
The petitioners filed Land Acquisition References under Section 18 of the Land Acquisition Act, 1894, seeking enhancement of compensation. The references were dismissed for default on various dates between 2008 and 2014. The petitioners filed the present writ petitions in 2022 challenging those dismissal orders.
Acts & Sections
- Land Acquisition Act, 1894: Section 18
