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44 years too long to maintain a legal action: Karnataka High Court dismisses 'stale' petition

barandbench.com 2024/8/22

Jurisdiction of High Courts under Article 226 of the Constitution is not liable to be exercised to entertain stale and virtually dead claims, the Court said.

The Bench dismissed an appeal filed by one Vinod Kumar K, who had had challenged a single-judge order that dismissed his petition seeking a direction to the authorities to initiate proceedings and pass an award under Section 11 of the Right to Fair, Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. The single judge had dismissed Kumar’s plea on the ground of unexplained delay.

When quizzed by the Division Bench in appeal, Kumar’s counsel said that while the land was acquired in 1978, the petitioner had realised only in 2018 that the compensation was yet to be paid.

The Court, however, refused to entertain the plea, adding that even after realising in 2018 that the compensation had not been paid, the appellant had approached the Court only in 2021.

It, however, granted Kumar liberty to make a representation to the competent authority seeking compensation in accordance with law.

Advocate D N Manjunath appeared for Kumar, the appellant.

Advocate Niloufer Akbar for the respondent State government.

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