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Supreme Court of India 2020-05-06 dismissed

Kapilaben Ambalal Patel & Ors vs State of Gujarat & Anr

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

Landowners challenged the State's 1986 Possession Panchnama (a document recording government takeover of excess land under the Urban Land (Ceiling and Regulation) Act, 1976) by filing a writ petition 14 years later in 2001. The Supreme Court dismissed the appeal, holding that the petition was barred by delay and laches. The court found that the appellants had knowledge of the possession action through earlier proceedings and failed to challenge it promptly without adequate explanation. The doctrine of delay defects equity applies with full force in discretionary Article 226 relief, and equity favours vigilant over indolent litigants. The court upheld the High Court's dismissal on this threshold ground without deciding the merits.

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Constitutional Law Administrative Law Urban Land Ceiling Regulation Writ Petition Delay and Laches Article 226 Possession

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