Smt Vimla Devi vs Secretary Panchayat Raj Dep Ors on 1 August, 2011
18. In the light of the legal position noticed above, we are of the view that
the time limit set in the Public Notice cannot be held to be final and conclusive
so as to preclude the persons whose lands are acquired from being considered
for allotment of the alternative land under the Scheme. The long delay in
making the application under the Scheme, no doubt, is a factor to draw an
inference that there is no actual need of the alternative plot, however, it cannot
be held that all the applications which are made beyond the period prescribed in
the Public Notice shall be rejected as barred by limitation. As pointed out in
Simla Devi vs. Secretary and Others (supra), the Scheme did not provide for
any limitation as such, but certain time limit has been stipulated only in the
Public Notice issued by the concerned department. It appears to us that the
object of stipulation of such time limit is not to destroy the rights of the parties
but the same is meant to see that the parties are vigilant in enforcing the benefit
provided under the Scheme and that they do not resort to dilatory tactics.
Therefore, it is always a question of discretion of the Recommendation
Committee which has to be exercised on a consideration of all the relevant facts
including the diligence and bona fides of the party making the application for
alternative land under the Scheme.