Axiomatic Delay Disentitles Party To Discretionary Relief U/A 226: Delhi High Court Dismisses Plea Challenging Acquisition Proceedings After “62 Yrs”
Case: Sh. Nardev Soni And Ors. V. Union Of India And Ors.
Coram: Justice Siddharth Mridul and Justice Gaurang Kanth
Case No.: W.P.(C) 7815/2022
Court Observation: “Inordinate delay in making the motion for a writ is indeed an adequate ground for refusing to exercise discretion in favour of the petitioner. Therefore, now after an inordinate delay of about 62 years after the acquisition, the Petitioners cannot challenge the said acquisition proceedings,”
“The Court cannot permit the Petitioners to alter a settled position after almost six decades, when the Petitioners have remained silent for decades and have accepted the enhanced compensation awarded to them. It is a settled position of law that delay and laches is one of the factors which is to be borne in mind by the High Court while exercising their discretionary powers under Article 226 of the Constitution.”
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Keywords
Axiomatic Delay, Discretionary Relief, Challenging Acquisition Proceedings
