Whether Section 24 of the Act of 2013 revives barred and
stale claims? In addition, question of per incuriam and other
incidental questions also
Gauri Shankar Gaur And Others, Etc. vs State Of U.P. And Others on 12
acts as illegal.
(22) In exercise of power of eminent domain, the Stale can compulsorily acquire private land for a public purpose ... Government and the power of eminent domain of the sovereign Stale to acquire the property of a citizen for public good without the owners consent
considered opinion that Section 24 cannot be used to revive dead and stale claims and concluded cases. They cannot be inquired into within the purview ... revival of the barred claims by operation of law. Thus, stale and dead claims cannot be permitted to be canvassed on the pretext of enactment
They received a reply (Annexure B), dated December 6. 1960, staling that their plot was not covered by any Government scheme. In spite ... Land Acquisition Act in respect of the plot of the petitioners staling that the same was likely to be required to be taken
such representation had ever been filed. The claim
appears not only stale and dead but extremely clouded. This we are
mentioning as additional reasons ... opinion, Section 24cannot
revive those claims that are dead and stale."
W.P.(C) 1770 of 2017 Page 3 of 5
6. The above
such representation
had ever been filed. The claim appears not only stale and dead
but extremely clouded. This we are mentioning as additional
reasons ... opinion, Section 24 cannot revive those
claims that are dead and stale."
11. The aforesaid Judgment has been considered by the Supreme Court
March, 1967. In the opinion of the Tribunal, the sale instance was stale inasmuch as it was too remote in point of time as compared ... favour of the LIC on the ground that they were stale. The Tribunal ought to have appreciated that the values of immovable properties appreciated considerably
they are very old sales and can therefore be easily called stale sales. Such instances of sale cannot, therefore, reflect a correct market price prevailing ... where the question as to what can be called a stale sale has been considered. The contention advanced by the learned Advocate-General in that
such representation had ever been filed. The
claim appears not only stale and dead but extremely clouded. This we
are mentioning as additional reasons ... opinion, Section 24cannot
revive those claims that are dead and stale."
W.P.(C) 3641/2016 Page 3 of 5
8. The above decision