Land acquisition act 1894
Dr Sangh Mittra
(Querist) 24 May 2015
This query is : Resolved
Sir,
The Section 4& 6 Notification were on 26.09.2007 and 25.09.2008.
The Award was passed on 24.09.2010.
I kept representing requesting for release of land. Got assuring replies.
On 02.06.2014 I was told during my personal visit to Govt office that my case had been rejected on 01.03.2013 .
Is filing Writ Petition within permissible period?
Regards,
Dr Roshni Justin
drroshnijustin@gmail.com
Dr Sangh Mittra
(Querist) 26 May 2015
Sir,
Having stated above, all I want to know is that in the case of Land Acquisition of my land if I file the writ Petition now in May 2015 in the High Court praying for the quashing of Impugned Land Acquisition proceedings will my writ Petition be treated as barred by limitation or can it be entertained.
The cause of action accrued on 02.06.2014 when I came to know of the rejection. I kept corresponding after that but my Lawyer friend says correspondence does not extend limitation.
Please advise if the Writ Petition under section 226/227 of the Constitution of India is the case of Land acquisition filed is barred by limitation or not.
Biswanath Roy
(Expert) 27 May 2015
For filing a Writ of Mandamus under Article 226 or 227 of the Constitution of India question of Limitation Act does not apply..
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
If you are worried about the limitation aspect, you may attach another application to condone the delay in filing the writ.
Biswanath Roy
(Expert) 29 May 2015
The word 'WRIT' means command of the court.In our Constitution Article 226,227,and 32 deals with writ of Mandamus.
If any action or inaction of the Government and its subordinate executives and officers touches, infringes or encroaches upon the fundamental, legal and constitutional right of a citizen of India and if adequate relief and redress from any other law is not possible only then agrieved citizen can pray constitutional relief by invoking said Articles, also those articles are applicable where natural justice was denied . As because the grievances related to Constitution of India it does not attract Limitation Act
Besides, there is no provision in the Constitution prescribing limitation for filing a petition in the Supreme Court under Article 32 or in a High Court under Article 226 of the Constitution. The Limitation Act,1963 does not apply to Writ petition. The doctrine of delay and latches, however, apply to writ petitions under Article 32 and 226 of the Constitution
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
Another interesting and useful information by our senior learned counsel respected Roy Sir, which will enrich the knowledge of even seniors besides helping juniors.
Thanks for your guidance Sir, and we wish your continuous guidance and support on all the matters.
Rajendra K Goyal
(Expert) 02 June 2015
Humble thanks to senior expert Biswanath Roy ji for guidance and providing knowledge.
