Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Supreme Court - Daily Orders

Mahender vs The State Of Bihar on 18 February, 2022

Bench: A.M. Khanwilkar, C.T. Ravikumar

                                      IN THE SUPREME COURT OF INDIA
                                      CIVIL APPELLATE JURISDICTION

                                  CIVIL APPEAL NO.        OF 2022
                            (Arising from the SLP(C) Nos.      OF 2022)
                                      [Diary No(s).2182/2022]

                         MAHENDER & ANR.                             Appellant(s)
                                                      VERSUS

                         THE STATE OF HARYANA & ORS.                 Respondent(s)


                                                     O R D E R

Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 191 days in filing the special leave petition(s).

Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

Signature Not Verified

Digitally signed by NEETU KHAJURIA Date: 2022.02.24 17:05:13 IST Reason: Learned counsel for the appellant(s) has relied on appeals pertaining to the decision of this Court passed in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021.

Learned counsel for the respondent/State, in all fairness, submits that the subject lands involved in these appeals would be covered by the enhancement given to the land owners in the aforesaid appeal(s).

Accordingly, the present appeal(s) is/are disposed of on the same terms, except that appellant(s) will not be entitled for the interest on the enhanced amount and solatium and other components for the period of delay, referred to above in pursuing the appeal(s) before this Court.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant(s) regarding condoning "unexplained long delay" in filing the present proceedings.

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

4

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) Nos. OF 2022) [Diary No. 46777/2019] BALLOO [DEAD] Appellant(s) VERSUS LAND ACQUISITION COLLECTOR, FARIDABAD & ANR. Respondent(s) O R D E R Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 168 days (115/53 days filing/refiling) in the special leave petition(s). Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

Learned counsel for the respondent-State points out that the issue(s) involved in this 5 appeal(s) already stands answered in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021. In that view of the matter, even this appeal stands disposed of on the same terms as applicable to the concerned notification and village where the land in question is situated.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant regarding condoning "unexplained long delay" in filing the present proceedings.

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

6

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) Nos. OF 2022) [Diary No.46789/2019] SOHAN PAL & ORS. Appellant(s) VERSUS STATE OF HARYANA THROUGH COLLECTOR, SECTOR-12, FARIDABAD & ORS. Respondent(s) O R D E R Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 826 days (111/715 days filing/refiling) in the special leave petition(s). Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

7

Learned counsel for the appellant(s) has relied on appeals pertaining to the decision of this Court passed in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021.

Learned counsel for the respondent/State, in all fairness, submits that the subject lands involved in these appeals would be covered by the enhancement given to the land owners in the aforesaid appeal(s).

Accordingly, the present appeal(s) are disposed of on the same terms, except that appellant(s) will not be entitled for the interest on the enhanced amount and solatium and other components for the period of delay, referred to above in pursuing the appeal(s) before this Court.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant(s) regarding condoning "unexplained long 8 delay" in filing the present proceedings.

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

9

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) Nos. OF 2022) [Diary No.17078/2022] KISHAN & ORS. ETC. ETC. Appellant(s) VERSUS THE STATE OF HARYANA THROUGH COLLECTOR/DISTRICT COMMISSIONER, FARIDABAD & ANR. ETC. Respondent(s) O R D E R Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 329 days in filing the special leave petitions.

Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

10

Learned counsel for the appellant(s) has relied on appeals pertaining to the decision of this Court passed in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021.

Learned counsel for the respondent/State, in all fairness, submits that the subject lands involved in these appeals would be covered by the enhancement given to the land owners in the aforesaid appeal(s).

Accordingly, the present appeals are disposed of on the same terms, except that appellant(s) will not be entitled for the interest on the enhanced amount and solatium and other components for the period of delay, referred to above in pursuing the appeal(s) before this Court.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant(s) regarding condoning "unexplained long 11 delay" in filing the present proceedings.

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

12

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) Nos. OF 2022) [Diary No.2278/2020] SMT. SUMARTI(DEAD) BY LRS. & ORS. Appellant(s) VERSUS THE STATE OF HARYANA THROUGH COLLECTOR FARIDABAD & ors Respondent(s) O R D E R Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 138 days in filing the special leave petitions.

Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

Learned counsel for the appellant(s) has 13 relied on appeals pertaining to the decision of this Court passed in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021.

Learned counsel for the respondent/State, in all fairness, submits that the subject lands involved in these appeals would be covered by the enhancement given to the land owners in the aforesaid appeal(s).

Accordingly, the present appeals is/are disposed of on the same terms, except that appellant(s) will not be entitled for the interest on the enhanced amount and solatium and other components for the period of delay, referred to above in pursuing the appeal(s) before this Court.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant(s) regarding condoning "unexplained long delay" in filing the present proceedings. 14

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

15

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) No. OF 2022) [Diary No. 46783/2019] DHARAM PAL Appellant(s) VERSUS THE LAND ACQUISITION COLLECTOR, URBAN ESTATE, HARYANA, SECTOR-12 FARIDABAD & ANR. Respondent(s) O R D E R Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 162 days (117/45 days filing/refiling) in the special leave petition(s). Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

Learned counsel for the respondent-State 16 points out that the issue(s) involved in this appeal(s) already stands answered in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021. In that view of the matter, even this appeal stands disposed of on the same terms as applicable to the concerned notification and village where the land in question is situated.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant regarding condoning "unexplained long delay" in filing the present proceedings.

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

17

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) Nos. OF 2022) [Diary No(s).2279/2020] SUMARTI (DEAD) & ORS. Appellant(s) VERSUS THE STATE OF HARYANA THROUGH COLLECTOR FARIDABAD & ANR. Respondent(s) O R D E R Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 172 days (134/38 days filing/refiling) in the special leave petition(s). Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

Learned counsel for the appellant(s) has 18 relied on appeals pertaining to the decision of this Court passed in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021.

Learned counsel for the respondent/State, in all fairness, submits that the subject lands involved in these appeals would be covered by the enhancement given to the land owners in the aforesaid appeal(s).

Accordingly, the present appeal(s) is/are disposed of on the same terms, except that appellant(s) will not be entitled for the interest on the enhanced amount and solatium and other components for the period of delay, referred to above in pursuing the appeal(s) before this Court.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant(s) regarding condoning "unexplained long delay" in filing the present proceedings. 19

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

20

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from the SLP(C) Nos. OF 2022) [Diary No(s).20338/2021] MEHAR CHAND @ MEHRU ETC. Appellant(s) VERSUS THE STATE OF HARYANA THROUGH COLLECTOR FARIDABAD/ DISTRICT COMMISSIONER, FARIDABAD & ANR. ETC. Respondent(s) O R D E R Delay in filing special leave petition(s) is condoned on clear understanding that the final relief that will be granted to the appellant(s) would be conditional and no interest would be provided to the concerned appellant(s) for the period of delay of 365 days in filing the special leave petition(s).

Learned counsel for the appellant(s), in all fairness, accepts this condition. Accordingly, delay is condoned. Leave granted.

21

Learned counsel for the appellant(s) has relied on appeals pertaining to the decision of this Court passed in Civil Appeal No. 2903 of 2021 and connected cases titled as "Banwari Lal & Anr. vs. State of Haryana & Ors. and connected cases", decided on 14th July, 2021.

Learned counsel for the respondent/State, in all fairness, submits that the subject lands involved in these appeals would be covered by the enhancement given to the land owners in the aforesaid appeal(s).

Accordingly, the present appeal(s) is/are disposed of on the same terms, except that appellant(s) will not be entitled for the interest on the enhanced amount and solatium and other components for the period of delay, referred to above in pursuing the appeal(s) before this Court.

The rest of the relied upon order to apply as it is.

This order is an indulgence shown to the appellant(s) regarding condoning "unexplained long 22 delay" in filing the present proceedings.

Pending applications, if any, stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI FEBRUARY 18, 2022.

                                 23

ITEM NO.10+37   Court 3 (Video Conferencing)           SECTION IV-B

                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). 2182/2022 (Arising out of impugned final judgment and order dated 31-05-2019 in RFA No. 3967/2017 passed by the High Court Of Punjab & Haryana At Chandigarh) MAHENDER & ANR. Petitioner(s) VERSUS THE STATE OF HARYANA & ORS. Respondent(s) (IA No.17494/2022-CONDONATION OF DELAY IN FILING ) WITH Diary No(s). 46777/2019 (IA No.16786/2022-CONDONATION OF DELAY IN FILING and IA No.16789/2022-APPLICATION FOR SUBSTITUTION and IA No.16785/2022- PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.16790/2022- CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA No.16787/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) WITH Diary No(s). 46789/2019 (IV-B) (IA No.4165/2022-CONDONATION OF DELAY IN FILING and IA No.4166/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.4167/2022-DELETING THE NAME OF PETITIONER/RESPONDENT) Diary No(s). 17078/2021 (IV-B) (IA No.18476/2022-CONDONATION OF DELAY IN FILING and IA No.18477/2022-APPLICATION FOR SUBSTITUTION and IA No.18479/2022- CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.) Diary No(s). 2278/2020 (IV-B) (FOR ADMISSION and I.R. and IA No.17907/2022-CONDONATION OF DELAY IN FILING and IA No.17909/2022-APPLICATION FOR SUBSTITUTION and IA No.17910/2022-CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA No.17908/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Diary No(s). 46783/2019 (IV-B) (IA No.17539/2022-CONDONATION OF DELAY IN FILING and IA No.17542/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Diary No(s). 2279/2020 (IV-B) (IA No.17935/2022-CONDONATION OF DELAY IN FILING and IA No.17936/2022-APPLICATION FOR SUBSTITUTION and IA No.17937/2022- CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA No.17938/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Diary No(s). 20338/2021 (IV-B) (IA No.11339/2022-CONDONATION OF DELAY IN FILING and IA No.11342/2022-APPLICATION FOR SUBSTITUTION and IA No.11340/2022- PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.11343/2022- 24 CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.) Date : 18-02-2022 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Vikas Verma, Adv.
Ms. Sapna Verma, Adv.
Mr. Shafik Ahmed, Adv.
Mr. Jitender Hooda, Adv. Mr. Tarun Mohan, Adv.
Ms. Meena Devi, Adv.
Ms. Anupama Singh, Adv.
Ms. Parul Priya, Adv.
Mr. Sandeep Padhi, Adv.
Mr. Harvinder Singh, Adv. Mr. Manoj Kumar, Adv.
Mr. V. Elanchezhiyan, AOR Mr. Ravi Bhushan, Adv.
Mr. Manish Kumar, AOR For Respondent(s) Dr. Monika Gusain, AOR UPON hearing the counsel the Court made the following O R D E R Application for substitution of deceased petitioner(s) are allowed subject to just exceptions after condoning the delay and setting aside abatement, if any, in filing the substitution application.
Delay condoned.
Leave granted.
The appeal(s) are disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH)                                  (VIDYA NEGI)
COURT MASTER (SH)                               COURT MASTER (NSH)
[Eight Signed order is placed on the file]