Kirat Lodhi Vs State of Madhya Pradesh & others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 4633 of 2021, Judgment Date: Sep 22, 2021

Law laid down -

(1). Writ Petition challenging the acquisition proceeding under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 cannot be entertained after lapse of sufficient time and can be dismissed on ground of delay and laches – Notification under Section 11 of the Act, 2013 was issued in the year 2018 and pursuant thereto, the award was passed on 05.03.2020, but challenging the said acquisition proceeding, the writ petition under Article 226 of the Constitution of India is filed in the month of August, 2021 with an inordinate delay and merely because some vague allegation regarding non-compliance of the mandatory provisions has been made, the petition cannot be entertained.

(2). After passing the award under the provisions of the Act, 2013, the acquisition proceeding initiated cannot be challenged by filing a writ petition, unless it is established by the petitioner that mandatory provisions have been violated.

Kirat Lodhi Vs State of Madhya Pradesh & others