TMI Blog2012 (11) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... evelopment Corporation in the year 1964 itself. HELD THAT:- The learned senior Counsel appearing for the State came forward with a welcome suggestion stating that in order to redress the grievances of the Appellants, the Respondent-authorities would notify the land in dispute u/s 4 of the Act within a period of 4 weeks from today. Section 6 declaration will be issued within a period of one week thereafter. As the Appellants have full notice and information with respect to the proceedings, publication in the newspapers either of the notification or of the declaration under the Act are dispensed with. Notice u/s 9 of the Act will be served within a period of 4 weeks after the publication of Section 6 declaration and award will be made within a period of three months thereafter. The deemed acquisition proceedings would thus, be concluded most expeditiously. Needless to say, the market value of the land in dispute will be assessed as it prevails on the date on which the Section 4 notification is published in the Official Gazette. Payment of compensation/award amount will be made to the claimants/persons-interested immediately thereafter, along with all statutory benefits. The Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tuated persons who were also deprived of their rights in a similar manner were granted compensation vide order dated 17.6.1966. C. The Respondent-authorities realised in 1981 that grave injustice had been done to the Appellants. Thus, in respect of the land in dispute, a fresh notification Under Section 4 of the Act dated 14.5.1981 was issued. However, no further proceedings under the Act were initiated. The Appellants had been pursuing the authorities persuading them to complete the deemed acquisition proceedings, but despite their efforts, even a declaration Under Section 6 of the Act was not issued and therefore, such proceedings also died a natural death. D. On 30.4.1988, the Development Corporation, under the instructions of the Government of Maharashtra handed over the possession of the said land to the City Industrial Development Corporation of Maharashtra (hereinafter referred to as 'CIDCO'). The Appellants were unable to get any compensation for the said land or even for that matter, any land in lieu of the lands so taken, in spite of their best efforts made in this regard. Various beneficial schemes were floated by the State authorities in favour of persons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by any other mode is not acquisition or taking possession under Article 300-A. In other words, if there is no law, there is no deprivation. 7. The right to property is now considered to be, not only a constitutional or a statutory right, but also a human right. Though, it is not a basic feature of the Constitution or a fundamental right. Human rights are considered to be in realm of individual rights, such as the right to health, the right to livelihood, the right to shelter and employment etc. Now however, human rights are gaining an even greater multi faceted dimension. The right to property is considered, very much to be a part of such new dimension. (Vide: Lachhman Dass v. Jagat Ram and Ors. (2007) 10 SCC 448; Amarjit Singh and Ors. v. State of Punjab and Ors. (2010) 10 SCC 43; Narmada Bachao Andolan v. State of Madhya Pradesh and Anr. AIR 2011 SC 1989; State of Haryana v. Mukesh Kumar and Ors. AIR 2012 SC 559 and Delhi Airtech Services Pvt. Ltd. v. State of U.P. and Anr. AIR 2012 SC 573) 8. In the case at hand, there has been no acquisition. The question that emerges for consideration is whether, in a democratic body polity, which is supposedly govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay and laches is adopted as a mode of discretion to decline exercise of jurisdiction to grant relief. There is another facet. The Court is required to exercise judicial discretion. The said discretion is dependent on facts and circumstances of the cases. Delay and laches is one of the facets to deny exercise of discretion. It is not an absolute impediment. There can be mitigating factors, continuity of cause action, etc. That apart, if whole thing shocks the judicial conscience, then the Court should exercise the discretion more so, when no third party interest is involved. Thus analysed, the petition is not hit by the doctrine of delay and laches as the same is not a constitutional limitation, the cause of action is continuous and further the situation certainly shocks judicial conscience. 11. The question of condonation of delay is one of discretion and has to be decided on the basis of the facts of the case at hand, as the same vary from case to case. It will depend upon what the breach of fundamental right and the remedy claimed are and when and how the delay arose. It is not that there is any period of limitation for the Courts to exercise their powers under Article 226, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt committed an error in holding the Appellants non-suited on the ground of delay and non-availability of records, as the court failed to appreciate that the Appellants had been pursuing their case persistently. Accepting their claim, the Statutory authorities had even initiated the acquisition proceedings in 1981, which subsequently lapsed for want of further action on the part of those authorities. The claimants are illiterate and inarticulate persons, who have been deprived of their fundamental rights by the State, without it resorting to any procedure prescribed by law, without the court realising that the enrichment of a welfare State, or of its instrumentalities, at the cost of poor farmers is not permissible, particularly when done at the behest of the State itself. The Appellants belonged to a class which did not have any other vocation or any business/calling to fall back upon, for the purpose of earning their livelihood. 15. Depriving the Appellants of their immovable properties, was a clear violation of Article 21 of the Constitution. In a welfare State, statutory authorities are bound, not only to pay adequate compensation, but there is also a legal obligation upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht with the compensation in 1977 cannot do in 1988. Perhaps, not even one half of it. It is a common experience that the purchasing power of rupee is dwindling. With rising inflation, the delayed payment may lose all charm and utility of the compensation. In some cases, the delay may be detrimental to the interests of claimants. The Indian agriculturists generally have no avocation. They totally depend upon land. If uprooted, they will find themselves nowhere. They are left high and dry. They have no savings to draw. They have nothing to fall back upon. They know no other work. They may even face starvation unless rehabilitated. In all such cases, it is of utmost importance that the award should be made without delay. The enhanced compensation must be determined without loss of time.... 19. In view of the above, the instant case represents a highly unsatisfactory and disturbing situation prevailing in one of the most developed States of our country. 20. Be that as it may, ultimately, good sense prevailed, and learned senior Counsel appearing for the State came forward with a welcome suggestion stating that in order to redress the grievances of the Appellants, the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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