Can a party who did not litigate rely on relief obtained through a Public Interest Litigation brought on behalf of vulnerable persons?
Coram: Surya Kant; Joymalya Bagchi
No. A PIL enables representation of similarly situated vulnerable persons who lack the means to approach courts individually. A party possessing financial resources and institutional access to statutory remedies, which failed to pursue them when available, falls outside that representative framework and cannot claim its fruits.
Land Acquisition Act, 1894 — s.4 — s.5-A — s.6 — s.11 — Quashing of acquisition proceedings — Restoration of land — Relief in personam and in rem — Objections not pursued — Waiver — Delay and acceptance of compensation — Public Interest Litigation — Land Acquisition Act, 1894 — Restoration remedy — Intended beneficiaries — Held: A restoration remedy grounded in the structural incapacity of poor agricultural workers to resist the State does not extend to a commercial enterprise possessing financial capacity and institutional sophistication. The reasoning does not enure to its benefit. (¶15, 18) Land Acquisition Act, 1894 — s.5-A — Quashing order — In personam or in rem — Held further: Where acquisition is quashed on grounds personal to individual objectors, the relief operates in personam and benefits only those who contested before judicial forums. Only a declaration that the entire process is void ab initio operates in rem. (¶19) Land Acquisition Act, 1894 — s.5-A — Objections filed but not pursued — Waiver — Held further: Objections under Section 5-A raise issues personal to each landowner, and mere filing does not exhaust the remedies available in law. Where they are not pursued through litigation, the notification becomes conclusive proof of waiver. (¶20) Land Acquisition Act, 1894 — Delay — Compensation accepted without protest — Parity refused — Held further: A claimant silent for a decade, who accepted the award without protest while others litigated, cannot seek parity with them. Permitting it would reward strategic inaction and passive opportunism. Appeal allowed. (¶21, 22, 26)
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