Excelsior Correspondent
JAMMU, May 23: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sindhu Sharma and Justice Rajesh Sekhri has held that a party cannot be allowed to approbate and reprobate at sweet will and convenience and take the court for a ride, lest the whole judicial system shall fail.
The observation has been passed in a LPA filed by Pawan Kumar Sharma who invoked Letters Patent of court to assail judgment dated 27.02.2024, passed by Single Judge vide which his writ petition came to be dismissed as not maintainable.
After hearing both the sides, the DB observed, “the writ petition came to be dismissed as not maintainable on the predominant premise that the issue regarding payment of compensation is to be determined only by the authority concerned in terms of the provisions of National Highways Act, 1956”, adding “the Writ Court is of the view that since the appellant petitioner, by execution of the lease deed, had agreed that in the event the subject land was acquired, respondent shall be entitled to receive compensation not only for the structures but, besides such structures, for the land beneath as well, therefore, he cannot be allowed to approbate and reprobate and respondent has absolute right to seek compensation for the land as well as the structures acquired by the official respondents”.
“If both the parties are confederates in illegality, courts will not interpose to grant any relief and the law favours him, who is actually in possession. Since the appellant not only executed the lease deed in question in favour of respondent but a signatory to the same and is a confederate to the illegality that alienation of agricultural land was prohibited by Section 13 of Land Alienation Act, he cannot be allowed to turn around and question the legality of the lease deed”, the DB said, adding “we concur with the observation of Writ Court that a party cannot be allowed to approbate and reprobate at his sweet will and convenience and take the court for a ride, lest the whole judicial system shall fail”.
With these observations, DB dismissed the petition and upheld the impugned judgment.
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