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january 2009

Supreme Court of India · 2009-01-28

Yunus (Baboobhai) A. Hamid Padvekar vs State Of Maharashtra & Ors

Court
Supreme Court of India
Petitioner
Yunus (Baboobhai) A. Hamid Padvekar
Respondent
State Of Maharashtra & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's dismissal of the appellant's writ petition as highly belated, emphasizing that the delay in seeking restoration of acquired land under Section 39(2a) of the Maharashtra Industrial Development Act, 1961 was unjustified. The Court noted that the land had been developed for industrial purposes and that the appellant's repeated representations did not sufficiently explain the delay. The ruling reinforced the principle that delay or laches is a significant consideration in the exercise of discretionary powers under Article 226 of the Constitution of India.

Yunus (Baboobhai) A. Hamid Padvekar vs State Of Maharashtra & Ors · Niyam