Supreme Court Breathes New Life into Long-Pending Land Acquisition Case: A Tale of Judicial Perseverance

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The Supreme Court’s revival of a 1987 land case gives hope that justice, though delayed, is not denied.

The Supreme Court of India has reinstated a petition that was originally filed in 1987, marking a significant moment in the Indian judiciary’s history. This case, which revolves around a land acquisition dispute, highlights the complexities and delays often encountered in legal proceedings.

The case began over three decades ago when the appellant challenged the acquisition of his property. However, the original writ petition was dismissed by the Uttarakhand High Court in 1992 due to a lack of prosecution. This dismissal marked the beginning of a prolonged legal struggle for the appellant.

The appellant’s journey through the legal system was fraught with setbacks. After the initial dismissal, he filed an application for restoration, citing a unique reason: one of his counsels had been elevated to the bench, leading him to believe that the case would be deferred. Despite this, his efforts seemed in vain as the case languished in the judicial system.

In 1999, the appellant made another attempt to expedite the case, but to no avail. The proceedings were once again dismissed in 2001, this time explicitly for want of prosecution. This dismissal seemed to be the end of the road for the appellant’s legal battle.

However, a twist in the tale occurred in 2019. The appellant, through an RTI application, discovered that his case was no longer pending before the High Court. This revelation prompted him to take further action, leading to the recent developments.

Despite the Uttarakhand High Court’s refusal to reconsider the case, the appellant remained undeterred. He escalated the matter to the Supreme Court, seeking justice and relief from the highest judicial authority in India.

The Supreme Court’s decision to restore the petition is not just a victory for the appellant but also a testament to the perseverance and resilience of individuals in the face of judicial delays. This case underscores the importance of timely justice and the need for a more efficient legal system.

The reinstatement of the petition by the Supreme Court serves as a beacon of hope for many who are entangled in long-drawn legal battles. It emphasizes the Supreme Court’s commitment to ensuring that justice is not just done, but also seen to be done, regardless of the time elapsed.

This decision is a reminder of the critical role of the judiciary in upholding the rights of citizens and the rule of law. It reinforces the belief that justice, though delayed, is not necessarily denied. The Supreme Court’s intervention in this case is a significant step towards addressing the challenges of judicial delays and ensuring that justice is accessible to all.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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