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2013 (7) TMI 1074 - SC - Indian LawsLand Acquisition Act, 1894 (Act) - After 37 years of initiation of the acquisition proceedings - Petition for hand over vacant possession of the land - The High Court directed respondent No.5 to hand over a portion of the developed area to the appellant free of cost. - HELD THAT:- the writ petition filled after almost three decades of pronouncement of the award by respondent No.2 and there was no tangible explanation for the delay. We have no doubt that if the appellant had pressed its prayer for issue of a mandamus to the official respondents to deliver possession of the acquired land after evicting the slum dwellers, the High Court would have non-suited it on the ground of laches by taking cognizance of total inaction between 23.6.1998, i.e., the date on which Deputy General Manager (Planning) had written letter to respondent No.2 to hand over vacant possession of the acquired land or refund the compensation, and January, 2006, when exchange of correspondence again started. The High Court would have also taken note of the fact that while the appellant was sleeping over its rights, the Municipal Corporation had sanctioned Slum Rehabilitation Scheme, the Cooperative Society formed by the slum dwellers had entered into development agreement with respondent No.5 and the latter had constructed buildings and handed over 600 units to the slum dwellers for permanent residence and dismissed the writ petition by applying the ratio of the judgment of the Constitution Bench in State of Madhya Pradesh v. Bhailal Bhai 1964 (1) TMI 33 - Supreme Court Hence, Apex court do not find any justification for entertaining the prayer for issue of a mandamus at this belated stage by ignoring the developments which have taken place in the intervening period. In the result, the appeal is dismissed as barred by time and also on merits.
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