SUPREME COURT OF INDIA

Before:- G.T. Nanavati and S.N. Phukan, JJ.

Civil Appeal No. 4692 of 1999 (arising out of SLP(C) No. 20812 of 1998). D/d. 20.8.1999.

State of A.P. and others - Appellants

Versus

Tuljaram Balaji and another - Respondents

Constitution of India, Article 226 - Writ field after 27 years - Could not be entertained - Order and judgment passed under the writ set aside - Peculiar facts of the case - Land in dispute alleged to be taken forcefully by state - Not a case of land voluntarily given up - State directed to consider compensation if proved that it was not given up voluntarily.

[Para 3]

Cases Referred :-

State of Maharashtra v. Digambar, (1995)4 SCC 683.

JUDGMENT

Delay condoned.

2. Leave granted.

3. The facts of this case are similar to the facts of Civil Appeal No. 6066 of 1995 (State of Maharashtra v. Digambar (1995) 4 SCC 683 . In that case this Court has held that the High Court was not right in entertaining the petition under Article 226 of the Constitution as it was filed after a delay of 20 years. In this case, the delay is of 27 years. Therefore, following the decision of this Court in that case, this appeal is allowed. The judgment and order passed by the High Court in Writ Appeal No. 890 of 1998 is set aside and the writ petition filed by the writ petitioners in the High Court stands dismissed. We, however, observe that in case the writ petitioners are able to prove that they had not voluntarily given up the land and that the possession of land was forcibly taken over by the State Government, the State Government may consider giving of compensation to the respondents. We have made this observation in view of peculiar facts and circumstances of this case and, therefore, this observation should not be treated as having been made for the benefit of all similarly situated persons.

Appeal allowed.