Allahabad High Court- Subsequent purchasers cannot challenge already completed acquisition
July 19, 2017The Allahabad High Court while dismissing the pleas challenging the acquisition of farmland which was completed in the year 1950 held that the subsequent purchasers have no locus standi to challenge the acquisition which was initiated and completed prior to the notification under section 4(1) and 6 of the Land Acquisition Act.
The Court observed that the subsequent purchasers have no locus standi to make a grievance that no procedure completed under provisions of the Act was complied with or the acquisition was not complete, the bench said, “If the courts start entertaining such submissions after 65 years of the acquisition, then the acquisition proceedings would never conclude and no acquiring body would ever succeed in enjoying the property for the purpose of which it is acquired.”
While dismissing the plea, the Court relied on the following reasons-
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The petitioners cannot be treated as persons aggrieved so as to maintain a writ petition under Article 226 of the Constitution of India. The petitioners do not have a locus to maintain a writ petition after 60 years of acquisition proceedings.
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The petitions are liable to be dismissed on the ground of laches. The essential element of laches is unreasonable delay by the plaintiff in bringing the claim.
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The land in question vested absolutely in the government in 1950 itself free from all encumbrances and as a result thereof, interest, right and title of the original land owners to the land stand extinguished.
The Court further directed the administration for getting back the possession of the encroached portion of the land, out of the acquired land, from the enchoracers/ trespassers.