2022 (3) TMI 317

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....erred by the petitioner herein, the original writ petitioner has preferred the present special leave petition. 2. The facts leading to the present special leave petition in nutshell are as under:- 2.1 That the petitioner entered into a Sale Deed with the respondent - NOIDA vide Sale Deed dated 19.09.2001 whereby the petitioner sold a Plot No. 163 of Khata No. 254 to the NOIDA under the provisions of Section 6 of the U.P. Industrial Area Development Act, 1976 and in terms of the Resolution in 102nd meeting of NOIDA. According to the petitioner, Clause No. 12 of the Sale Deed clearly provided that a plot of 10% area (to be calculated of the total land sold) shall be allotted to the petitioner on payment of 10% of the amount as being pai....

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....ided under Clause 12 of the Sale Deed dated 19.09.2001 and as per the Resolution passed in 102nd meeting of NOIDA Board on 07.01.1998. The High Court by the impugned judgment and order has dismissed the said writ petition inter alia holding firstly, that Writ Petition arising out of contract between parties is not maintainable and petitioner should have filed a Suit for specific performance; secondly, Writ Petition has been filed after a delay of 16 years and delay is fatal for challenge to acquisition or for any claim arising out of it; thirdly, Clause 12 of Sale Deed provided for allotment of land to original Khatedar and as the petitioner has purchased land in 1970 therefore it's clear that petitioner is not original agriculturist; a....

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....hes, the High Court ought not to have entertained the same. Instead, the High Court entertained the said writ petition and directed the NOIDA to decide the representation of the petitioner, which as such was made after a period of 10 years, expeditiously and it gave the fresh blood to the litigation, which otherwise was barred by delay and latches. The High Court by passing the order dated 07.04.2017 as such did not realise and/or appreciated that the writ petition itself was required to be dismissed on the ground of delay and latches as the same was filed after a period of 11 years from the date of execution of the Sale Deed under which the right was claimed. We have come across number of such orders passed by the High Courts directing the....