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"Shri P.P. Rao, learned senior counsel for the petitioner, contends
that the petitioner had no knowledge of the acquisition proceedings;
as soon as it came to know of the acquisition, it had challenged the
validity of the acquisition proceedings and, therefore, it furnishes
cause of action to the petitioner. He further contends that the writ
petition could not be dismissed on the ground of laches but was
required to be considered on merits. We find no force in the
contention. Any encumbrance created by the erstwhile owner of the
land after publication of the notification under Section 4(1) does not
bind the State if the possession of land is already taken over after the
award came to be passed. The land stood vested in the State free
from all encumbrances under Section 16. In Gurmukh Singh & Ors.
vs. The State of Haryana [J] 1995 (8) SC 208], this Court had held
that a subsequent purchaser is not entitled to challenge the legality
of the acquisition proceedings on the ground of lack of publication of
the notification. In Y.N. Garg vs State of Rajasthan [1996 (1) SCC
284] and Sneh Prabha vs. State of U.P. [1996 (7) 325], this Court
had held the alienation made by the erstwhile owner of the land after
publication of the notification under Section 4(1), do not bind either
the State Government or the beneficiary for whose benefit the land
was acquired. The purchaser does not acquire any valid title. Even
the colour of title claimed by the purchaser was void. The beneficiary
is entitled to have absolute possession free from encumbrances. In
U.P. Jal Nigam, Lucknow through its Chairman & Anr. vs. M/s
Kalra Properties (P) Ltd., Lucknow & Ors. {(1996) 1 SCC 124], this
Court had further held that the purchaser of the property, after the
notification under Section 4(1) was published, is devoid of right to
challenge the validity of the notification or irregularity in taking
possession of the land before publication of the declaration under
Section 6. As regards laches in approaching the Court, this Court
has been consistently taking the view starting from State of Madhya
Pradesh & Anr. vs. Bhailal Bhai & Ors. [AIR 1964 SC 1006]
wherein a Constitution Bench had held that it is not either desirable
or expedient to lay down a rule of universal application but the
unreasonable delay denies to the petitioner, the discretionary
extraordinary remedy of mandamus, certiorari or any other relief.
The same was view reiterated in catena of decisions, viz.,
Rabindranath Bose & Ors. vs. The Union of India & Ors. [(1970 (1)
SCC 84]; State of Mysore & Ors. vs. Narsimha Ram Naik [AIR 1975
SC 2190]; Aflatoon & Anr. vs. Lt. Governor of Delhi [ (1975) 4 SCC
285]; M/s. Tilokchand Motichand & Ors. vs. H.B. Munshi,
Commissioner of Sales Tax, Bombay & Anr. [AIR 1970 SC 898];
State of Tamil Nadu & Ors. etc. V. L. Krishnan & Ors. etc. [JT 1995
(8) SC 1]; Improvement Trust, Faridkot & Ors. vs. Jagjit Singh &
Ors. [1987 Supp. SCC 608]; State of Punjab & Ors. vs. Hari Om Co-