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2015 DIGILAW 755 (SC)

Mahendari v. State of Uttar Pradesh

2015-05-14

A.K.SIKRI, H.L.DATTU

body2015
JUDGMENT A.K. Sikri, J. SLP (C) No....CC 1484 of 2015 1. This special leave petition is preferred against the judgment dated 20.01.2012 passed by the High Court in CMWP No. 3979/2012 which was preferred by the Petitioners herein challenging the acquisition of their land. The Government had issued notification Under Section 4 read with Section 17(4) on 18.12.2001 and declaration Under Section 6 was issued on 30.03.2002. 2. The writ petition for quashing of the aforesaid notification was filed on 05.01.2012 i.e. nearly ten years after the declaration issued Under Section 6 of the Act. The High Court vide impugned judgment has dismissed the writ petition on the aforesaid ground of delay and laches. The High Court has also noted that a Full Bench of the said Court, in a bunch of writ petitions with leading case being Writ Petition No. 37443 of 2001 (Gajraj and Ors. v. State of U.P. and Ors.) decided on 21.10.2011, had dismissed all those petitions which were filed belatedly on the ground of inordinate delay and laches. Incidentally, special leave petitions were filed by some of those whose writ petitions were dismissed on the ground of delay and this Court has dismissed those petitions/appeals affirming the said decision. 3. The judgment in Gajraj and Ors. (supra) came to be challenged by the State as well as the land owners. All these petitions/appeals, including the appeals filed by the land owners, have been dismissed by this Court affirming the view taken by the Full Bench in the said case. 4. Accordingly, the present special leave petition also stands dismissed. Special Leave Petition (Civil) No. 9029 of 2015 5. This special leave petition is preferred against the judgment dated 29.11.2011 passed by the High Court in CMWP No. 68459/2011, which was preferred by the Petitioners herein challenging the acquisition of their land. The Government had issued notification Under Section 4 read with Section 17(4) on 05.10.2002 and declaration Under Section 6 of the Land Acquisition Act was issued on 30.10.2002. 6. The High Court has disposed of the writ petition vide its order dated 29.11.2011 taking note of a Full Bench decision in a bunch of writ petitions with leading case being Writ Petition No. 37443 of 2001 (Gajraj and Ors. v. State of U.P. and Ors.) decided on 21.10.2011. 6. The High Court has disposed of the writ petition vide its order dated 29.11.2011 taking note of a Full Bench decision in a bunch of writ petitions with leading case being Writ Petition No. 37443 of 2001 (Gajraj and Ors. v. State of U.P. and Ors.) decided on 21.10.2011. Since counsel for both the parties in the High Court had agreed that the writ petition of the Petitioners was also covered by the judgment in Gajraj and Ors. (supra), the High Court has disposed of the writ petition of the Petitioners in terms of the direction issued by the Full Bench in the aforesaid case. 7. The judgment in Gajraj and Ors. (supra) came to be challenged by the State as well as the land owners. All these petitions/appeals, including the appeals filed by the land owners, have been dismissed by this Court affirming the view taken by the Full Bench in the said case. 8. Accordingly, the present special leave petition also stand dismissed.