State of Jharkhand Vs. M/s. K.N. Farms and Industries (P) Ltd.
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Head Note
Constitution of India, 1950 - Article 226
Writ jurisdiction - Belated claims - Respondent moved the High Court after 45 years of execution of agreement dated 28.2.2024 - In exercise of power under Article 226 of the Constitution, the High Court does not entertain belated claims.
The Land Acquisition Act, 1894 - Section 4 , Section 6 , Constitution of India, 1950 - Article 226
Writ of mandamus - Division Bench affirming the directions given by Ld. Single Judge for issue of notification under Sections 4 and 6 and passing of an award after assessing value of the acquired land - Unexplained delay of more than four decades - Direction given by the learned Single Judge to the appellants to issue notifications under Sections 4 and 6 and pay compensation to the respondent in terms of the award to be passed by assessing the value of the acquired land was clearly beyond the scope of W.P. No. 1546 of 2005 - Unfortunately, the learned Single Judge did not notice the pleadings of the writ petition and decided the matter by assuming that the respondent was aggrieved by the inaction of the competent authority to initiate the acquisition proceedings under the 1894 Act - Order set aside.
Topic(s)-Belated Claims , Writ of Mandamus
Important Decision(s)- The High Court does not entertain belated claims.