Supreme Court - Daily Orders
Executive Engineer, Gosekhurd ... vs Dayaram Bhondu Koche on 28 September, 2021
Bench: Hemant Gupta, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6016-6017 OF 2021
[@ SPECIAL LEAVE PETITION (C) NOs. 10570-10571 OF 2017]
EXECUTIVE ENGINEER, GOSEKHURD
REHABILITATION DIVISION Appellant (s)
VERSUS
DAYARAM BHONDU KOCHE & ORS. Respondent(s)
O R D E R
Leave granted.
The challenge in the present appeals is to the Reference answered by the Full Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No. 3447 of 2015 on 05.12.2016 and the consequent order passed by the Division Bench on 21.12.2016.
The learned Full Bench has held that the proviso to Sub-Section 2 of Section 24 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has to be read as Proviso to Sub-Section 1 as well. The said view of the Full Bench runs counter to the Judgment of this Court in “Indore Development Authority Vs. Manohar Lal & Ors. Etc.” reported in (2020) 8 SCC Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2021.09.30 129. 12:14:15 IST Reason: Therefore, the order passed by the Full Bench and the consequential order passed by the Division Bench 2 of the High Court runs counter to the Judgment of this Court in Indore Development Authority (Supra) and the same are not sustainable.
However, Mr.D.K.Garg, learned counsel appearing for the respondents, states that the amount of compensation, as ordered by the Division Bench, has been paid to the land owners. The said payment is obviously under an order passed by the High Court which order runs counter to the later Judgment of this Court.
Consequently, the order passed by the Full Bench dated 05.12.2016 and the order passed by the Division Bench of the High Court dated 21.12.2016 are set aside and the appeals are allowed.
Pending interlocutory application(s), if any, is/are disposed of.
.......................J. [ HEMANT GUPTA ] .......................J. [ V. RAMASUBRAMANIAN ] New Delhi;
SEPTEMBER 28, 2021.
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ITEM NO.5 Court 11 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 10570-
10571/2017
(Arising out of impugned final judgment and order dated 05-12-2016 in WP No. 3447/2015 21-12-2016 in WP No. 3447/2015 passed by the High Court Of Judicature At Bombay At Nagpur) EXECUTIVE ENGINEER, GOSEKHURD REHABILITATION DIVISION Petitioner(s) VERSUS DAYARAM BHONDU KOCHE & ORS. Respondent(s) Date : 28-09-2021 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Aniruddha P. Mayee, AOR For Respondent(s) Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
Mr. A. N. Arora, AOR Mr. Dhananjay Garg, AOR Mr. Dinesh Kumar Garg, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER
(Signed order is placed on the file)