M/S. MODEL ECONOMIC TOWNSHIP LTD. versus LAND ACQUISITION COLLECTOR

M/S. MODEL ECONOMIC TOWNSHIP LTD. versus LAND ACQUISITION COLLECTOR

The petitioner's delay in challenging the order disposing of its Section 28A application, coupled with its failure to inform or make the Collector aware of pending appeals, disentitles it from relief under Article 226 of the Constitution. The idea behind Section 28A is to assist landholders who, for valid reasons, missed reference; it cannot be invoked by entities who neglect available remedies and act only after enhancement is granted elsewhere.

Parties
Petitioner: M/S. Model Economic Township Ltd.; Respondent: Land Acquisition Collector
Jurisdiction
India
Judgment Date
26 February 2019
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on SLP Against High Court Dismissal
Outcome
Special Leave Petition dismissed.
Legal Topics
Redetermination of Compensation Under Land Acquisition Act, Section 28 a Applications, Delay and Laches, Article 226 Jurisdiction
Land Acquisition Constitutional Law Redetermination of Compensation Under Land Acquisition Act Section 28 a Applications Delay and Laches Article 226 Jurisdiction

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Parties

M/S. Model Economic Township Ltd.

Petitioner

Land Acquisition Collector

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on SLP Against High Court Dismissal

Legal Issues

  1. 1 Whether the petitioner is entitled to redetermination of compensation under Section 28A of the Land Acquisition Act in light of subsequent enhancement by the High Court.
  2. 2 Whether the petitioner's writ petition challenging premature disposal of Section 28A application should be entertained despite delay.

Ratio Decidendi

The petitioner's delay in challenging the order disposing of its Section 28A application, coupled with its failure to inform or make the Collector aware of pending appeals, disentitles it from relief under Article 226 of the Constitution. The idea behind Section 28A is to assist landholders who, for valid reasons, missed reference; it cannot be invoked by entities who neglect available remedies and act only after enhancement is granted elsewhere.

Court Disposition

Special Leave Petition dismissed.

Orders

  • High Court judgment affirmed.
  • No relief granted to the petitioner.