Court No. - 37
Case :- WRIT - C No. - 41244 of 2019 Petitioner :- Vaikunth Vihar Sehkari Awas Aamiti Ltd.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kaushal Kumar Singh Counsel for Respondent :- C.S.C.,Anjali Upadhya,Ramendra Pratap Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
By means of this writ petition the petitioner is challenging the land acquisition proceedings initiated pursuant to a notification Section 4(1) of the Land Acquisition Act in the year 2003.
It is submitted that before any award could be passed, the petitioner moved an application on 12.06.2007 under the provisions of KARAR NIYAMAWALI-1997 but the authorities without considering the said application have pronounced the award, which he came to know for the first time in 2018 after an application filed under the Right to Information Act.
Upon a query being put as to why writ petition should not be dismissed on the ground of delay, learned counsel for the petitioner explains that he came to know of the passing of the award only in 2018, hence the writ petition should not be dismissed on delay.
The submission of the learned counsel for the petitioner is erroneous and is not acceptable. He himself has filed a letter dated 29.11.2011 (Annexure-8 to the writ petition), which indicates that the petitioner was fully aware of the award made in the year 2011, which the learned counsel for the petitioner could not deny.
In this view of the case, the petition has to be dismissed on the ground of laches. However, the Court refrains itself from passing any order on swearing a false affidavit in this case with regard to the date of knowledge of the award.
The writ petition is, accordingly, dismissed being devoid of merits.
Order Date :- 18.12.2019 Pkb/ (Ravi Nath Tilhari, J.) (Abhinava Upadhya, J.)