High CourtsDivision Bench

Sanjay Singh vs South Eastern Coalfields Limited And Ors

Chhattisgarh High Court · Decided on 24 August 2018 · Citation: (2018) 08 CHH CK 0272

HON’BLE JUDGES
Ajay Kumar Tripathi, CJ · Parth Prateem Sahu, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 618 Of 2018
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Judgment

12 paragraphs · 240 words

Ajay Kumar Tripathi, CJ

1.

Learned Single Judge has dismissed the writ application of the present Appellant vide his order dated 17.07.2018, therefore, the appeal.

2.

There were two prayers made before the writ Court. One was for payment of compensation for the land which was said to have been acquired

from the Appellant and secondly to grant him employment in lieu of such acquisition as part of rehabilitation scheme.

3.

Even if the assertion made by the Appellant before the writ Court is accepted that the acquisition was made sometime in the year 1998 under the

erstwhile Land Acquisition Act, why it should take an affected person to move the Court of law after two decades is not understood. There is no

proper explanation coming from the Appellant on this aspect of the matter. His plea is that he had been filing repeated representations. The law is

quite well settled on this issue that mere filing of the repeated representations does not take away the effect of laches and delay, of inordinate kind.

4.

So far as compensation for payment of acquisition of his land is concerned, the Land Acquisition Act is a composite Code by itself and there are

remedy and safeguard provided therein. Writ Court has no role to play. The writ anyway should have been dismissed because composite reliefs and

prayer were made in writ application.

5.

The writ appeal has no merit. It is dismissed.