GIASUL ISLAM, Advocate

CHHATTISGARH HIGH COURT :  Justice Sanjay K Agrawal, allowed the petition and granted compensation for infringement of right to a speedy trial under Article 21 of the Constitution of India.   BACKGROUND The facts of the case are such that the petitioner herein has filed the instant writ petition stating  inter alia  that he remained in jail for commission of offence under Sections 420/34 and 120B of Penal Code, 1860 i.e. IPC from 14.5.2012 till the date of delivery of judgment i.e. 08.11.2016 i.e. 4 years, 6 months and 7 days, whereas he has been awarded sentence only for three years for offence under Section 420/34 of the IPC and three years for offence under Section 120B of the IPC and sentences have been directed to run concurrently, as such, it is a clear case where his constitutional right of speedy trial enshrined in Article 21 of the Constitution of India has admittedly been violated and for which he is entitled to appropriate compensation jointly and...

            I.       The Supreme Court of India passed a judgment in Dipak Kumar Mukherjee vs Kolkata Municipal Corporation & Ors on 8 October, 2012 in   Civil Appeal No. 7356   of 2012 [ (2013) 5 SCC 336) ] in paragraph No. 2   held :-                                                   " 2. In last four decades, the menace of illegal and unauthorised constructions of buildings and other structures in different parts of the country has acquired monstrous proportion. This Court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the High Court or itself gave directions for demolition of illeg...