Case Brief: Dayal Singh and Ors. Vs. Union of India and Ors.

Deciding Authority: Supreme Court of India
Date of Judgement: 29th January, 2003
Bench: CJI, Justice S.B. Sinha & AR. Lakshmanan
Facts of the Case: The lands of the appellants were requisitioned under the Defence of India Act, 1971 for establishment of Military cantonment in the year 1972. They were later on acquired in terms of Section 23(1) of the Defence of India Act. An award of compensation was pronounced on 6th March, 1975 in the following terms :- “1. Area assessed on flat Rs.16,000/- per acre 2. Nahri/Chani Rs.14,000/- ” 3. Chali Mustan Rs.10,800/- ” 4. Banani Rs.9,000/- ” 5. Coir Mumkin/Bajar Rs.4,500/- ” ” It is not in dispute that the appellants in relation to the amount of compensation awarded by the respondents herein for acquiring their properties entered into agreements in the prescribed form under the provisions of the 1952 Act, which was made operative for the residual matters flowing from the proceedings of acquisition of lands upon repeal of the Defence of India Act, 1971.
Judgement of the Case: The Supreme Court held that the respondents having filed a writ petition after a period of eight years, the same ought not to have entertained. Primarily a question of delay and latches is a matter which is required to be considered by the writ court. Once the writ court has exercised its jurisdiction despite delay and latches on the part of the respondents, it is not for us at this stage to set aside the order of the High Court on that ground alone particularly when we find that the impugned judgment is legally sustainable. For the foregoing reasons, we do not find any merit in these appeals which are accordingly dismissed but in the facts and circumstances of the case, there shall be no order as to costs.