SYED MAQBOOL ALI vs STATE OF U.P.

The Supreme Court held that a writ petition seeking direction for land acquisition and compensation cannot be dismissed on the grounds that the remedy lies under Section 18 of the Land Acquisition Act, 1894, as this section applies only to land that has been acquired. The Court clarified that if land is taken without acquisition, the aggrieved party may file a civil suit or a writ petition if the action is arbitrary or without authority. The High Court's dismissal was deemed unjustified, and the matter was remanded for reconsideration on merits, emphasizing the need for diligence in approaching the court and the relevance of delay in such petitions under Article 226 of the Constitution of India.