- (1.) The land of the respondents was acquired vide notification dated 24.10.1975 under Section 4 of the Land Acquisition Act, 1894 (the Act). The said land was earlier requisitioned in the years 1942 to 1945 for defence purpose. Award was made in the year 1986 and symbolic possession of the land was taken on 06.01.1987. Objections of the award were filed by the respondents against the award. A reference under Section 18 of the Act was made which was disposed of. Thereafter, the writ petition was filed by the respondents mainly on the ground that there was no due publication of the notification under Section 4 of the Act which was a mandatory requirement.
(2.) The High Court upheld the plea of the respondents relying upon judgment of this Court in " Kulsum R. Nadiadwala v. State of Maharashtra " (2012) 6 SCC 348.
(3.) Learned counsel for the appellants submitted that having regard to the fact that the land was already being used for defence purpose since the year 1942 to 1945 and the notification under Section 4 issued on 24.10.1975 was challenged for the first time by the writ petition filed on 24.06.2002, the High Court should have dismissed the writ petition on the ground of delay and laches as entertaining such petition will seriously affect public interest. It was submitted that view taken in the relied upon judgment ignores the concept of laches.;