BAJJI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 3 and Shri Ramendra Pratap Singh appearing for respondent no. 4.

(2.) Shri Ramendra Pratap Singh, learned counsel for the respondents has raised a preliminary objection regarding the maintainability of the writ petition. He submits that the writ petition has been filed after more than 22 years from the date of declaration issued under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and it is highly bared by laches. He submits that even the Full Bench judgment in Gajraj Singh & Ors Vs. State of U.P. & Ors, 2011 11 ADJ 1, was delivered on 21/10/2011, and more than 3 years have elapsed from the judgment of the Full Bench in Gajraj's case , which decided the bunch of writ petitions including the writ petition relating to Village Habibpur. In the entire writ petition, the petitioners, in any paragraph, have not given any explanation for delay and laches in approaching this Court.

(3.) However, placing reliance on the Full Bench judgment of this Court in the case of Gajraj , it has been urged by learned counsel for the petitioner that relief prayed is liable to be granted in view of the said judgment.