Right To Protect Private Property Can't Be Brushed Away Merely Due to Delay & Laches: Supreme Court Condones 21-Year Delay In Land Acquisition Case
The Supreme Court in Urban Improvement Trust v. Smt. Vidhya Devi and Ors. held that while delay in approaching the court is significant, the right to property cannot be defeated solely on grounds of delay and laches. A bench of Justice JB Pardiwala and Justice Manoj Misra condoned a 21-year delay by the original landowners in challenging land acquisition proceedings due to significant procedural irregularities.
The Court reaffirmed that the right to property under Article 300A of the Constitution is a constitutional and human right, requiring procedural safeguards to ensure fairness and non-arbitrariness, even in cases of delay. It dismissed four appeals by the Urban Improvement Trust (UIT) challenging a Rajasthan High Court judgment quashing the acquisition of land under the Rajasthan Urban Improvement Act, 1959 (RUI Act).
Key issues included the validity of acquisition notifications, compliance with procedural requirements under the RUI Act, and delays in compensation payment. For Nangli Kota lands, the Court upheld the notification under Section 52(1), finding constructive notice sufficient. However, for Moongaska lands, the lack of proper notice to certain owners invalidated the acquisition.
The Court also observed violations of Section 60A of the RUI Act, noting delays in depositing compensation breached constitutional safeguards under Article 300A. The ruling emphasized strict adherence to timelines for compensation to avoid procedural invalidity. The Court upheld the Rajasthan High Court's decision, setting aside the acquisitions for both parcels of land.