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Government Of Nct Of Delhi vs Ansar Ahmed on 24 April, 2023

Bench: M.R. Shah, C.T. Ravikumar

     ITEM NO.4                             COURT NO.4                SECTION XIV

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 21072/2022

     (Arising out of impugned final judgment and order dated 08-03-2016
     in WP(C) No. 5270/2015 passed by the High Court Of Delhi At New
     Delhi)

     GOVERNMENT OF NCT OF DELHI & ANR.                                 Petitioner(s)

                                                   VERSUS

     ANSAR AHMED & ANR.                                                Respondent(s)

     (FOR ADMISSION and I.R. and IA No.71154/2023-CONDONATION OF DELAY
     IN FILING and IA No.71157/2023-EXEMPTION FROM FILING O.T. and IA
     No.71156/2023-CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS )

     Date : 24-04-2023 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE M.R. SHAH
                            HON'BLE MR. JUSTICE C.T. RAVIKUMAR


     For Petitioner(s)                Mr. Atul Kumar, AOR
                                      Ms. Sweety Singh, Adv.
                                      Ms. Archana Kumari, Adv.
                                      Mr. Rahul Pandey, Adv.

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Delay in refiling is condoned.

It is the case on behalf of the petitioner(s) that in the present case, the possession of land in question was taken over on 16.7.2007. However, despite the same and relying upon the decision Signature Not Verified Digitally signed by RASHMI DHYANI Date: 2023.04.27 of this Court in the case of Pune Municipal Corporation & Anr. Vs. 16:55:23 IST Reason:

Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183, the judgment which has been subsequently overruled by the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129, the High Court has declared that the acquisition with respect to land in question is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as the special leave petition, making it returnable on 28.8.2023.

(RASHMI DHYANI PANT) (NISHA TRIPATHI) COURT MASTER ASSISTANT REGISTRAR 2