SWAIKA PROPERTIES PVT. LTD. AND ANR. versus STATE OF RAJASTHAN AND ORS.

Citation: [2008] 2 S.C.R. 521 · Decided: 07-02-2008 · Supreme Court of India · Bench: ASHOK BHAN · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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[2008) 2 S.C.R. 521 
t 
SWAIKA PROPERTIES PVT. LTD. AND ANR. 
A 
II. 
STATE OF RAJASTHAN AND ORS. 
(Civil Appeal No.1081 of 2008) 
FEBRUARY 7, 2008 
B 
[ASHOK BHAN AND DALVEER BHANDARI, JJ.] 
,,,j. 
Urban development: 
Rajasthan Urban Improvement Act, 1959 - ss. 52(1), c 
52(2), 52(5) -
Writ Petition challenging notification for 
acquisition of land after possession was taken over and award 
became final - Maintainability of - Held: Not maintainable on 
the ground of delay and /aches - Land Acquisition Act, 1894 
- ss. 4, 18 - Delay and /aches. 
On 23.6.1975, a notice was issued under s.52(2) of D 
the Rajasthan Urban Improvement Act, 1959, for acquiring 
\L .A 
the land of the appellants for improvement and for 
extension of Jaipur Town. The appellants filed objections 
to the acquisition of their land which were rejected by the 
E 
Land Acquisition Officer. On 8.2.1984, the Government 
issued declaration under s.52(1 ). Pursuant to the said 
declaration, notice dated 17/18.2.1984 under s.52(5) was 
issued asking the appellants to hand over possession of 
the land. After these notices, the appellants filed writ 
F 
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petition in Calcutta High Court. High Court granted stay 
of the acquisition proceeding restraining authorities from 
taking possession of the land. The respondents filed SLP 
before this Court. This Court did not go into the merits of 
the case and while granting leave, set aside the orders of 
Calcutta High Court and held that the Calcutta High Court G 
..-: ..... 
did not have territorial jurisdiction to entertain writ petition 
in respect of land situated in the State of Rajasthan. 
On 17.2.1987, possession of the land in question 
521 
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522 
SUPREME COURT REPORTS 
[2008] 2 S.C.R. 
A allegedly was taken by the respondents and the same was 
f 
handed over to Jaipur Development Authority. However, 
according to the appellants, possession was not taken. 
The appellants filed writ petition in the High Court of 
Rajasthan but withdrew it with liberty to file a fresh writ 
B petition. On 26.6.1989, the Land Acquisition Officer passed 
an award. In the meantime, the appellants filed a writ 
petition seeking quashing of Notification dated 8.2.1984 
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and notices dated 17/18.2.2007. Single Judge of High 
Court dismissed the writ petition holding that there was a 
c genuine public purpose behind initiating the acquisition 
proceedings. On appeal, Division Bench of High Court 
held that since the appellants had filed an application 
under s.18 of the Land Acquisition Act, 1894 for 
enhancement of the compensation, they were not entitled 
D to the relief sought for in the writ petition. Hence the 
present appeal. 
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Dismissing the appeal, the Court 
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HELD: The appellants had filed a writ petition before 
E the Calcutta High Court challenging the acquisition 
proceedings, but the said writ petition was dismissed by 
this Court on 8.4. 1985 holding that the Calcutta High Court 
did not have the territorial jurisdiction to entertain the writ 
petition. Thereafter, till 1987 the appellants did not 
,. 
F 
challenge the acquisition proceedings and the writ 
petition was filed by it before the Rajasthan High Court 
..,, .
which had the territorial jurisdiction in the matter and the 
same was withdrawn which was again filed within the next 
four months thereof, meaning thereby, during the 
interregnum the appellants slept over the matter. However, 
G the appellants have not been able to give any explanation 
for the same. Insofar as the contention regarding the 
-+- ,.._ 
possession having not been taken is concerned, the 
respondents submitted that the possession of the land 
in dispute has already been taken. Be that as it may, the 
H award in respect of the land having become final, the State 
SWAIKA PROPERTIES PVT. LTD. AND ANR. v. STATE 
523 
OF RAJASTHAN AND ORS. [ASHOK BHAN, J.] 
Government is vested with the powers to take possession A 
of the land concerned and, therefore, there is no reason 
to disbelieve the claim of the State Government that the 
possession had been taken before the filing of the writ 
petition. Moreover, the appellants sought enhancement 
of compensation by filing reference application under s.18 B 
of the Land Acquisition Act, 1894. Simultaneously, the 
appellants filed writ petition before the High Court of 
Rajasthan after passing of the award. A writ petition 
challenging the notification for acquisition of land, if filed 
after the possession having been 

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