Skip to main content

LAND ACQUISITIONS / CHALLENGING THE DEPRIVATION OF LAND ETC

https://www.litigationplatform.com/Judgment/Index/b509638e-bc1b-48f3-9e6d-56b868d1e079



Nature of grievance:

Where the Govt. / Administrative / Statutory authorities, in the purported exercise of their powers, sought to make acquisition or requisition of private immovable property, however, without complying with the requirements of law, or without duly following the procedure established under the law, for such acquisitions or requisitions. Therefore, Writ proceedings may be initiated for the limited purpose of directing the concerned State Agency to act in strict accordance with law.


Reliefs prayed for:

[As may be applicable to facts of the case]

a)     The Respondent authority be directed to act or to take action in the Petitioners’ case, strictly in accordance with law (specify the provision of law);

b)     (Where hearing is contemplated under the law) The Respondent authority be directed to grant personal hearing to the Petitioners, as contemplated under the law (specify the provision of law), and pass speaking and reasoned order.

c)     That the impugned Order / action at Exhibit “____” to the Petition be quashed and set aside;

d)     All actions / consequences, if any, emanating from impugned Order / action be set aside or be declared null and void;

e)     That the Hon’ble Court may pleased to dispose of the Petition, without touching upon the merits of the case, to the limited extent, directing Respondent No.2 to pass speaking and reasoned order, to the representation made before it dated ____ by the Petitioners; whilst taking into consideration the relevant facts and law in force;

f)      The Respondent No.2 be directed to initiate Disciplinary Proceedings against Respondent No.1 for their wilfully disregarding the express mandate of law, and, for their wilfully disregarding the Order / Judgment of this Hon’ble Court expressly brought to their knowledge; constituting grave Misconduct;

g)     The Hon’ble Court may pleased to initiate Su Moto contempt proceedings against Respondent No.1 for their wilfully disregarding the Order / Judgment of this Hon’ble Court expressly brought to their knowledge;

h)     Pending the hearing and final disposal of the Petition, be pleased to direct Respondent No.1 to obtain Legal opinion from the Advocate General / Solicitor General / Attorney General, in the backdrop of issue of large public importance is involved; and so as to avoid future litigation on the same issue;

i)       Any other relief as this Hon’ble Court deems fit and expedient, having regard to the facts and circumstances of the present case.


Grounds for Reliefs

Such exercise of powers may be impugned / challenged on the premise, as may be applicable to the facts of the case, –

a)     Breach of substantive provision of law: That the impugned action / Order was passed in disregard of substantive and specific provision of law, which has immediate bearing on the controversy at hand; or that the impugned actions are contrary to law of the land, in force; or that the impugned action was taken without complying to essential requirements of provisions of law, under which the action was taken; or that the said exercise of powers was without any legal basis; (specify the provision of law)

b)     Procedure established under the law not followed: That, the impugned action was taken without following the procedure established under the law(specify the provision of law);

c)     Frustration of principles of natural justice: That the impugned action / Order was passed, (i) without following the procedure established under the law; or (ii) without considering the material facts of the case, or that, finding of fact is arrived at by ignoring or excluding relevant material or by taking into consideration irrelevant material; the applicable law; and no reasons were assigned in the impugned action / Order as to the applicability or the non applicability of the applicable law; which is akin to frustration of principles of natural justice; or whereas the impugned action has caused serious prejudice to the Petitioner’s business interests, the powers were exercised without affording an opportunity of hearing to the Petitioner; (Legitimate expectation)

d)     Jurisdictional error: Want of Jurisdiction: That the Respondent authority had no jurisdiction to entertain the subject matter of the case and pass Order / take action; Mistake of jurisdiction: That the condition precedents, for the exercise of powers were not complied with; Excess of jurisdiction: That the impugned action are such which the Respondent Authority were incompetent to act;

e)      Misreading of law / precedent: That there is deliberate misreading of the express mandate of law / law declared in HC / SC Rulings; or the issue which is raised in this Petition is unambiguously and categorically decided by various decisions of this Hon’ble Court / Apex court, stated hereinbefore; and whereas the said decisions were expressly brought to the knowledge of the Respondent No.1 herein, yet Respondent No.1 acted contrary to the law so laid down (specify the provision of law and the relevant judgment);

f)      Arbitrariness: Such exercise of powers becomes Arbitrary; Malice in law, inevitably resulting in frustration of mandate of equality before law and equal protection of laws, enshrined under Article 14 of the Constitution of India;

g)     Wednesbury principle: That the impugned action / Order defies logic, and is such which no person / decision-maker, on the material before him and within the framework of the law, would ever take; and the impugned Order / action would shocks the conscience of the Court; or that the powers were exercised without any material on record, warranting exercise of such action;

The actions of the Respondent Authority is akin to say that being an holder of authority and powers, we may so act as to give an feeling that we are acting within our powers but in reality we may be acting beyond our powers;

The actions of the Authority is akin to say that as a holder of authority and powers, we may act in this manner or in that manner. The only good reason which we can give for acting in this manner or in that manner, is that we wish to act, in this or that manner.

h)     The Petitioners cannot be relegated to Appeal u/s ______ of ____ Act, ___, for want of Order / absence of reasoned Order: In the absence of reasoned Order, the Appellate Authority / Court would not be in a position to uphold or set aside the findings of fact arrived at by the Respondents.

i)       No prejudice to Respondent if Reliefs prayed for, are granted: That, considering the very limited nature of relief prayed, no prejudice of any nature would cause to the Respondents, if the Court grants relief in terms of prayer clause (___) even without hearing the Respondents at length.

j)       Exercise of Writ jurisdiction: Whereas the Hon’ble Apex Court have time and again said that even if an alternative remedy is available to an aggrieved party, Writ jurisdiction should be exercised by High Courts in cases (i) where the Writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an Act is challenged. [M.P. State Agro Industries Development Corporation Ltd Versus Jahan Khan; Whirpool Corporation V/s. Registrar of Trade Marks; Harbanslal Sahnia & Anr. V/s. Indian Oil Corporation Ltd. & Ors.; State of H.P. V/s. Gujarat Ambuja Cement Ltd; Sanjana M. Wig V/s. Hindustan Petroleum Corporation Ltd; Satwati Deswal Versus State Of Haryana.]


Material facts of the case:

The Petitioners, most respectfully submit that, having regard to the nature of reliefs prayed for in this Petition, the following facts become germane to the controversy herein; And, the reasonable satisfaction of the existence or the non existence, as the case may be, of these facts, may entitle the Petitioners the judgment in their favour.

The chronology / chain of events, which has led to the present situation, and has constrained the Petitioners to seek certain Reliefs from this Hon’ble Court. In the chronology / chain of events, the following facts should be set out in clear terms, at appropriate juncture.

The required averments, as may be applicable to the facts of the case, are:

1.      The nature of impugned action:

2.      The law under which the powers were exercised:

3.      The purport and mandate of aforesaid law:

4.      The condition precedent, which the law lays down, before the exercise of such powers:

5.      The absence of such conditions in the instant case:

6.      The procedure which is contemplated under the law, before the exercise of such powers:

7.      The procedure which is followed in the instant case at hand:

8.      The representation made before the concerned Authority, before impugned action; and the substance of the said representation, and Reply received if any:

9.      The materials which were placed on record, before powers were exercised at the prejudice of the Petitioner:

10. Demonstrate that the concerned Authority has completely misread / misunderstood the express mandate of law / law declared in HC / SC Rulings; or demonstrate that relevant judgments of HC / SC, which were cited, were not considered at all.



Important Links


Imposing Accountability: http://www.satyamevajayate.info/rtibook


Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

https://www.litigationplatform.com/



Thank you.

Comments

Popular posts from this blog

Application before Supdt. of Jail for signing Vakalatnama by accused

LETTER HEAD OF THE ADVOCATE To, The Superintendent of Jail _______ Jail Mumbai. FORWARDING THE VAKALATNAMA FOR THE SIGNATURE OF MY CLIENT / ACCUSED NAMED _______ Dear Sir, I am concerned for my Client (Name of the Accused) who is presently in your judicial custody and I will be defending the said accused in the criminal case. I herewith annex the Vakalatnama and my ID card for your reference. It is therefore, most humbly, requested that the signature of the said Accused be obtained on the said enclosed Vakalatnama and be returned the same to the bearer of the copy of this letter. Thanking you.    Yours truly, XYZ Encl: As above.  Note: The said letter may be handed over to the Police official standing outside the Jail and may be collected later on. Find updated draft at / and any other  Legal issues !! If you are facing any of these issues like (a) Recovery of Moneys (b) ...

Discharge Application u/ss 227, 239, 245 CrPC

A broad approach to drafting of any Application / Petition / Complaint may be undertaken in three chronological “Heads” – 1.       Reliefs prayed for / claimed; 2.       Grounds for Reliefs prayed for / claimed; (both factual and legal); 3.       Narration of facts substantiating the said grounds. Further, there may be narration of such facts in the   beginning of the draft, which would lay foundation for “material facts of the case”. Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed for / claimed. IN THE METROPOLITANS MAGISTRATES _____COURT AT ESPLANADE, MUMBAI C.C. No. ________/ SS / 2015 ______________________                         ...

APP FOR DISCHARGE OF SURETY U.S.444

BEFORE THE METROPOLITAN MAGISTRATES             COURT AT ………. C.R. No.    /  20__           ABC                                                           Applicant                                                                     ...