Supreme Court Sets Aside High Court’s Dismissal of 1987 Land Acquisition Writ Petition; Remits Matter for Hearing on Merits
In a significant turn of events, the Supreme Court of India, in its recent judgment dated 29th January 2024, set aside the orders of the High Court of Uttarakhand which had dismissed a writ petition concerning land acquisition dating back to 1987. The apex court has remitted the matter back to the High Court for a decision on its merits, providing relief to the appellant, J.N. Puri.
The appeal in the Supreme Court arose from the dismissal of Writ Petition(M/B) No. 156/1987 by the High Court for want of prosecution in 1992, and the subsequent rejection of restoration and review applications. The appellant, claiming to still be in possession of the disputed land, had approached the apex court seeking redressal.
Key Observations by the Supreme Court:
The Bench, comprising Justices B.R. Gavai and Sandeep Mehta, observed, “In the facts and circumstances noted above and more particularly the fact that the appellant still claims to be in possession of the land under acquisition, we feel that the writ petition preferred by the appellant should have been heard and decided on merits.”
Addressing the delay in the restoration application, the Court found that the High Court had incorrectly held that the restoration application was submitted with a delay of seven years. “As a matter of fact, the application for restoration was filed within a period of one month which fact has been admitted at para 5 of the counter affidavit filed by the State of Uttar Pradesh/Uttarakhand(respondent no. 1). The said application was never considered on merits,” the judgment read.
The Supreme Court has allowed the appeals, setting aside the orders of the High Court. It directed the High Court of Uttarakhand to restore the writ petition and decide the same on merits expeditiously after giving an opportunity of hearing to all concerned. This decision underscores the importance of hearing matters on their substantive merits, especially in long-standing disputes involving land acquisition.
J.N. Puri, the appellant in this case, has been engaged in a legal battle over his land since 1987. The respondents include the State of Uttar Pradesh (now State of Uttarakhand) and others.
Date of Decision: 29 January 2024
J.N. Puri V State Of Uttar Pradesh (Now State Of Uttarakhand) & Ors.
