Supreme Court - Daily Orders
Government Of Nct Of Delhi vs Sanjay Kumar Gaur on 1 May, 2023
Author: M.R. Shah
Bench: M.R. Shah
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(@ Special Leave Petition (C) No. of 2023)
(@ Diary No. 7296/2023)
GOVERNMENT OF NCT OF DELHI & ANR. ...APPELLANTS
VERSUS
SANJAY KUMAR GAUR & ORS. ….RESPONDENTS
O R D E R
Delay condoned.
Leave granted.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14-12-2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 3068/2016, by which the High Court has allowed the said writ petition in part and has ordered that the original writ petitioner(s) shall be entitled to the compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the `Act 2013’), the Government of NCT of Delhi & Anr. have preferred the present appeal.
From the impugned judgment and order passed by the High Court and it is not in dispute that in the present Signature Not Verified case, the possession of the land in question was already Digitally signed by Neetu Sachdeva Date: 2023.05.08 16:26:55 IST Reason: taken over. In that view of the matter and once the possession was already taken over, as per the law laid Contd..
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down by this Court in the case of Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129, there shall not be any deemed lapse of acquisition under Section 24(2) of the 2013 Act and, therefore, there is no question of payment of compensation under the 2013 Act.
Under the circumstances, the impugned judgment and order passed by the High Court directing to pay the compensation under the 2013 Act is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside .
The Appeal is allowed accordingly. No costs.
………………………………………J. [M.R. SHAH] .......................... J.
(AHSANUDDIN AMANULLAH) New Delhi;
May 01, 2023.
ITEM NO.47 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). 7296/2023 (Arising out of impugned final judgment and order dated 14-12-2017 in WP(C) No. 3068/2016 passed by the High Court Of Delhi at New Delhi) GOVERNMENT OF NCT OF DELHI & ANR. Petitioner(s) VERSUS SANJAY KUMAR GAUR & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.52369/2023-CONDONATION OF DELAY IN FILING and IA No.52372/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.52374/2023-EXEMPTION FROM FILING O.T.) Date : 01-05-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Sujeeta Srivastava, AOR For Respondent(s) Mr. Neeraj Malhotra, Sr. Adv.
Mr. Uttam Datt, Adv.
Ms. Sonakshi Singh, Adv.
Mr. Kumar Bhaskar, Adv.
Mr. Rishi Raj Sharma, AOR Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv. Mr. Ishaan Sharma, Adv.
Mr. Manish Vasisht, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)