SHRI JAGAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present writ petition, the petitioner has impugned offer No.1000A dated 7th May, 1962 passed by the Land Acquisition Collector (I) under the provisions of Re-settlement of Displaced Persons Land Acquisition Act, 1948. The order/offer indicates that possession of land subject matter of the writ petition was taken on 27th September, 1949 pursuant to declaration under Section 3 of the said Act. A perusal of the said offer would indicate that the name of late Sh.Chand Khan appears at serial Nos.8 and 10 and the name of late Sh.Mussadi Khan appears at serial No.11.

(2.) It is the contention of the petitioner that the said offer is not in accord and is contrary to the provisions of Section 12 of the Displaced Persons (Rehabilitation) Act, 1954. The petitioner has also relied upon order dated 23rd June, 1962 passed under Section 6(1) of the Evacuee Interest (Separation) Act, 1951 admitting claims of Mr.Chand Khan and Mr.Mussadi Khan to the extent of 1/10th share and the remaining being evacuee property. Learned counsel for the petitioner states that in terms of the order dated 23rd June, 1962, property was a composite property and, therefore, the offer No.1000A dated 7th May, 1962 is illegal and invalid.

(3.) I am afraid that the writ petition is liable to be dismissed on the ground of inordinate delay and laches. Relevant orders in the present case were passed way back in 1962. Possession was taken in 1949. Even if there was any objection to the said order dated 07.5.1962, the petitioner should have taken remedial action immediately. Orders under Evacuee Interest (Separation) Act, 1951 were passed on 23rd June, 1962. In the present petition, which is filed on 9th January, 2008, the petitioner cannot be allowed and permitted to take up issues and challenge the order and the action of respondents way back in 1962.