High CourtsDivision Bench(2014) 04 P&H CK 0183

Varinder Singh vs Punjab State and Others

Punjab And Haryana At Chandigarh · Decided on 2 April 2014

HON’BLE JUDGES
Surya Kant, J · Lisa Gill, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 18459 of 2013

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Judgment

7 paragraphs · 292 words

Surya Kant, J.—The petitioner impugns the Award dated 26.02.2001 (Annexure P-1) passed by the Land Acquisition Tribunal, Improvement Trust, Bathinda, in respect of awarding compensation for the land upto 100 yards depth from the main metalled road known as Bathinda-Goniana Road. A consequential direction to enhance the compensation @ Rs. 2000/- per square yard has also been sought on the plea that the acquired land falls within the municipal limits of Bathinda.

2.

When this case came up for preliminary hearing on 23.08.2013, the petitioner sought time to file an additional affidavit to explain the inordinate delay of over 121/2 years in impugning the Award.

3.

In purported compliance of the said order, the petitioner has filed an affidavit dated 27.11.2013 claiming that since he lives in Muktsar, he or his father were not aware of the acquisition of their land. It is further averred that he had gone to "Bathinda Court for some another work where he met some Jagjit Singh (an old known to his father) whose land was also acquired under the same notification and his petition for enhancement of compensation is pending before this Court".

4.

It may be seen that the averment made by the petitioner explaining the delay in approaching this Court is totally vague and evasive. It does not amount to satisfaction and reasonable explanation. In these circumstances, it appears to us that the writ petition must fail on account of unexplained inordinate delay and latches.

5.

Ordered accordingly.

6.

However, this order shall not preclude the petitioner to seek compensation at the rate as may have been awarded by any Court to the other land-owners, provided that such a claim is maintainable on his behalf.

7.

With liberty aforementioned, the writ petition is dismissed.