Case Note & Summary
The petitioners, original land owners of properties in Villages Marol and Sahar, Taluka Andheri, Mumbai, filed a writ petition in 2015 seeking quashing of an acquisition notification issued under the Requisitioning and Acquisition of Immovable Property Act, 1952. The subject lands were initially requisitioned under Section 3 and possession taken under Section 4 of the Act. Subsequently, the Central Government decided to acquire the lands for the public purpose of Chhatrapati Shivaji International Airport (formerly Sahar International Airport). A notice under Section 7 was issued in 1953, and after following Section 8, compensation was paid under Section 9 in the same year. The airport was constructed and operated by the Airport Authority of India until 2006, when an Operation, Management and Development Agreement (OMDA) was entered into with Mumbai International Airport Pvt. Ltd. (Respondent No.4) for operation, maintenance, and development of the airport. The petitioners challenged the acquisition on grounds that the development under OMDA was not for the original public purpose. The court considered the issue of delay and laches, noting that the acquisition was completed in 1953, possession was taken, and compensation was paid. The petition was filed after 62 years. The court held that the challenge was grossly belated and the petitioners were not entitled to any relief. The petition was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Delay and Laches - Challenge to Acquisition after 62 Years - Petition filed in 2015 challenging acquisition of 1953 under Requisitioning and Acquisition of Immovable Property Act, 1952 - Court held that the petition suffers from gross delay and laches, and the petitioners are not entitled to any relief - The acquisition was for a public purpose (international airport), possession was taken, and compensation was paid in 1953 - Held that the challenge after such a long period is not maintainable (Paras 1-9).
Issue of Consideration
Whether a challenge to an acquisition notification under the Requisitioning and Acquisition of Immovable Property Act, 1952, made after 62 years from the date of acquisition, is maintainable on grounds of delay and laches.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Delay and laches
- limitation for challenging acquisition
- public purpose
- possession and compensation as bar to challenge
