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A bench of Justice Ashok Bhan and Justice Dalveer Bhandari said that a writ petition challenging the notification for acquisition of land, if filed after the possession having been taken ‘is not maintainable’.
Dismissing an appeal against the Rajasthan High Court upholding the acquisition of land in Jaipur, the bench held, "In the present case also, the writ petition having been filed after taking over of the possession and award having become final, the same deserves to be dismissed on ground of delay and latches".
The bench passed the observation while recalling a number of its earlier ruling on such disputes.
The Rajasthan Government had acquired the land of petitioner Swaika Properties Private Limited and handed over the possession of land to Jaipur Development Authority in February 1987.
The Apex Court was referring to the fact of appellants not having challenged the acquisition proceedings till 1987 although the notification for acquiring their land was issued in 1975 even as their writ against it before the Calcutta High Court was dismissed in 1985 due to lack of jurisdiction.
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