Court No. - 29
Case :- WRIT - C No. - 40365 of 2019 Petitioner :- Om Prakash And 37 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prem Shankar Kushwaha,Archana Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Prem Shankar Kushwaha, learned counsel for the petitioners and learned Standing Counsel.
The petitioners have preferred this writ petition so as to claim compensation of the land on which 'Pakka Nala' has been constructed by the respondents without acquiring it and without paying compensation to the petitioners.
Learned Standing Counsel pointed out that the Nala was constructed on the alleged land in the year 1985 and the same has been converted into a 'Pakka Nala'. The claim for compensation set up by the petitioners, at this juncture is highly belated.
Learned counsel for the petitioners accepts that the Nala was constructed after the floods in the year 1985 but it has been converted into a 'Pakka Nala' very recently.
In Writ-C No.31605 of 2019 (M/s.Akhil & Co. vs. State of U.P. & others), a Division Bench of this Court vide judgment and order dated 27.09.2009 dismissed similar kind of writ petition on the ground of gross-delay and latches holding that such stale claims cannot be permitted to be revived by moving any representation and seeking direction to get such representation decided.
In view of the above, we do not deem it proper to exercise any discretion in the matter and the writ petition is hereby dismissed.
Order Date :- 20.12.2019 C. MANI