Jagdish Prasad Verma vs Delhi State Industrial And … on 4 April, 2016

1. Present writ petition has been filed seeking allotment of industrial plot
under a relocation scheme.
2. Admitted facts are that petitioner had applied for allotment under the
relocation scheme in the year 1996. The petitioner’s factory had been shut
down in 2002. However, present writ petition has been filed only in the year
2015.

W.P.(C) 8387/2015 Page 1 of 5
3. Learned counsel for petitioner states that petitioner had issued a legal
notice dated 18th September, 2013 and, therefore, present writ petition is not
barred by laches.
4. It is settled law that one of the several rules of self-imposed restraint
evolved by the superior courts is that High Court will not entertain petitions
filed after long lapse of time because that may adversely affect the settled
rights of the third parties. It has also been held by the Apex Court that if the
writ petition is filed beyond the period of limitation prescribed for filing a
civil suit, the High Court will normally treat the delay as unreasonable and
decline to entertain the grievance of the petitioner on merits. In the opinion
of this Court, the test to be applied is whether laches on the part of the
petitioner is such as to hold that the petitioner by its act and conduct has
given a go-by to his rights.

Source: Indian Kanoon

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