Supreme Court - Daily Orders
Government Of Nct Of Delhi vs Deen Mohammad Deenu on 11 April, 2023
Bench: M.R. Shah, C.T. Ravikumar
ITEM NO.5 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). 28053/2022
(Arising out of impugned judgment and order dated 23-11-2015 in WPC
No. 2721/2015 passed by the High Court of Delhi at New Delhi)
GOVERNMENT OF NCT OF DELHI & ANR. Petitioner(s)
VERSUS
DEEN MOHAMMAD DEENU & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.67834/2023-CONDONATION OF DELAY
IN FILING and IA No.67838/2023-EXEMPTION FROM FILING O.T. and IA
No.67836/2023-CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS)
Date : 11-04-2023 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.
Mr. Rajiv Ranjan, 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 in the year 1987. However, thereafter, relying upon the decision of this Court in the case of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183, the High Court has declared that the acquisition with respect to land in Signature Not Verified Digitally signed by NITIN TALREJA Date: 2023.04.11 question is deemed to have lapsed under Section 24(2) of the Right 16:53:12 IST Reason:
to Fair Compensation and Transparency in Land Acquisition, 1 Rehabilitation and Resettlement Act, 2013, the decision which has been subsequently overruled by the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129.
Issue notice on the application for condonation of delay as well as on the Special Leave Petition, making it returnable on 08.05.2023.
Dasti service, in addition, is permitted. The respondents be served within a period of ten days from today.
(NITIN TALREJA) (NISHA TRIPATHI)
COURT MASTER (SH) ASSISTANT REGISTRAR
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