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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
13 of 15
Neutral Citation No:=2025:PHHC:047037-DB
CWP-2268-1999 & CWP-4797-1993 -14-
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-