Case Note & Summary
The petitioners, legal heirs of late Matadin Mangali Halwai, filed a writ petition seeking possession of final plot No.158 admeasuring 429.19 sq.mts. allotted to their predecessor in 1973 under the Santacruz Town Planning Scheme V, Mumbai. The original allottee, Matadin, had been allotted final plot No.164 in 1961 but could not get possession; instead, he was allotted plot No.158 in 1973. Neither Matadin nor his heirs took any steps to obtain possession for over 20 years. The court noted that the petition was filed in 1993, long after the allotment, and the petitioners had not explained the delay. The court held that the claim was barred by laches and delay, and no equitable relief could be granted. The petition was dismissed with no order as to costs.
Headnote
A) Property Law - Allotment of Plot - Laches and Delay - Petitioners sought possession of final plot No.158 allotted in 1973 but failed to take any steps for over 20 years - Court held that the writ petition filed in 1993 was barred by laches and delay, and no equitable relief could be granted - Held that the petitioners' inaction disentitled them to any relief (Paras 2-4).
Issue of Consideration
Whether the petitioners are entitled to possession of final plot No.158 allotted in 1973 despite their inaction for over 20 years.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Laches
- Delay
- Equitable Relief
- Writ Jurisdiction
- Limitation
Case Details
2005 LawText (BOM) (08) 235
WRIT PETITION NO.1010 OF 1993
R.M. Lodha, J.P. Devadhar
U.J. Makhija for petitioners, Vinod Mahadik for respondent
Brij Kishore M. Halwai, Shanti Devi Jugal Kishore Halwai, Sanjay Jugal Kishore Halwai, Dhananjay Jugal Kishore Halwai, Jyoti Jugal Kishore Halwai, Saraswati Jugal Kishore Halwai
The Municipal Corporation of Greater Bombay
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Nature of Litigation
Writ petition seeking possession of a plot of land allotted under a town planning scheme.
Remedy Sought
Petitioners sought a writ of mandamus or direction to the Municipal Corporation to hand over possession of final plot No.158.
Filing Reason
The petitioners' predecessor was allotted final plot No.158 in 1973 but possession was never handed over, and the petitioners sought enforcement of the allotment.
Issues
Whether the petitioners are entitled to possession of final plot No.158 despite the delay of over 20 years in seeking relief.
Submissions/Arguments
Petitioners argued that they were entitled to possession of the plot allotted to their predecessor.
Respondent argued that the petition was barred by laches and delay.
Ratio Decidendi
A writ petition seeking possession of property is liable to be dismissed on the ground of laches and delay if the petitioner fails to take any steps for a long period of time without satisfactory explanation.
Judgment Excerpts
The petitioners have not explained the delay in filing the petition. The claim is barred by laches and delay.
No equitable relief can be granted to the petitioners.
Procedural History
The petitioners filed Writ Petition No.1010 of 1993 in the Bombay High Court seeking possession of final plot No.158. The petition was heard and dismissed on 12th August 2005.
