Supreme Court - Daily Orders
Delhi Develoment Authority vs Mahender Singh on 22 January, 2025
Bench: Surya Kant, Dipankar Datta
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.12635 OF 2023]
IN
CIVIL APPEAL NO.8154/2016
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
ARCHANA KHANNA & ORS. RESPONDENTS
WITH
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.12639 OF 2023]
IN
DIARY NO.15267/2021
IN
CIVIL APPEAL NO.8154 OF 2016
&
CIVIL APPEAL NO. OF 2025
[Arising out of SLP(C) No.943/2025)
O R D E R
1. Delay condoned.
2. Leave granted.
3. The instant Miscellaneous Applications have been filed by DDA
seeking recall of the orders dated 16.08.2016 and 10.08.2021 passed
in
Signature Not VerifiedCivil Appeal No.8154/2016 and Review Petition (C) Diary
Digitally signed by
ARJUN BISHT
Date: 2025.02.07
No.15267/2021, respectively.
17:55:06 IST
Reason:
1
4. The consequential prayer, including in the Civil Appeal
arising out of SLP (C) No.943/2025, is to set aside the judgement
dated 14.12.2015 passed by the Delhi High Court in WP (C) No.
5563/2015 and remand the case to the High Court. The ground relied
on for such relief is that past litigation by the landowner was
concealed and the title of the landowner is clouded.
5. We, however, do not find any merit in this plea. We say so for
the reason that Khasra No.1103 (admeasuring 1 bigha) was originally
owned by one B.C. Jindal. He executed a registered sale deed in
favour of Ram Labhaya on 25.09.1985. Ram Labhaya did not transfer
his right or interest in the above-stated property in favour of
anyone, including Ruchi Vihar Housing Welfare Society Limited
(Registered), till he unfortunately passed away on 13.02.1994. The
respondent-Archana Khanna is the daughter-in-law of Ram Labhaya.
She has obviously approached the High Court as a representative of
all the legal heirs of Ram Labhaya. We may hasten to add that the
plea taken by DDA is that Ruchi Vihar Housing Welfare Society
Limited filed a Writ Petition (C) No.7802/2012 before the High
Court, in which the name of Ram Labhaya was shown at Serial No.3
amongst the members of the Society.
6. It is clarified that Ram Labhaya was neither party to the writ
petition, since he was not alive at that time, nor were the writ
documents signed by any of his legal heirs. The inclusion of his
name amongst the members by the Society in its writ petition does
not per se cast any doubt on the title drawn by him based upon the
registered sale deed dated 25.09.1985. We, therefore, find no
2
strength in the argument forwarded on behalf of DDA.
7. Having resolved the title dispute over the subject property,
we may now advert to the issue of change in law, which in the
instant case, squarely falls within the ambit of our decision in
Government of NCT of Delhi through its Secretary, Land and Building
Department & another vs. K.L. Rathi Steels Limited and others,
(2024) 7 SCC 315.
8. Consequently, the respondents-land owners shall be entitled to
compensation under the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in
accordance with the procedure as explained in paragraph 128 of K.L.
Rathi (supra), which reads as follows:
128. Under the circumstances, dismissal of the
RPs and miscellaneous applications would have
been logical and we could have ended our judgment
here by ordering so. However, there is something
more of a balancing act that needs to be done
having regard to the disclosures that were made
in course of progress of other proceedings before
us, which followed immediately after judgment on
this set of RPs and miscellaneous applications
was reserved. Such other proceedings arose out of
appeals carried from orders of the High Court
declaring land acquisition proceedings as lapsed
based on the decision in Pune Municipal
Corporation (supra) as distinguished from RPs and
miscellaneous applications of the nature under
consideration. Since all such proceedings have
more or less a common genesis and have followed
similar trajectory, it would be eminently
desirable to find a solution that benefits all.
We may hasten to add here that the exercise of
inherent powers conferred on this Court by
Article 142, in such circumstances, is not just
inevitable but also pivotal for disposal of the
matters at hand, given their impact on public
interest at large as well as to secure uniformity
and consistency in our decisions; hence, we
consider it expedient to pass such orders or
directions for ensuring complete justice in the
3
matters under consideration before us.
Notwithstanding our discussion on the reference
which was necessitated to answer the question of
law on which there was a disagreement between the
Hon’ble Judges of the Division Bench, taking an
overall and holistic view of the matter and in
the light of the larger public interest that is
involved, in each of the RPs and miscellaneous
applications that have been dealt with by this
judgment (except those remanded to the High Court
and those de-tagged for separate listing infra),
we issue the following directions:
a) The time limit for initiation of fresh
acquisition proceedings in terms of the
provisions contained in section 24(2) of the
2013 Act is extended by a year starting from
01st August, 2024 whereupon compensation to
the affected landowners may be paid in
accordance with law, failing which
consequences, also as per law, shall follow;
b) The parties shall maintain status quo
regarding possession, change of land use and
creation of third-party rights till fresh
acquisition proceedings, as directed above,
are completed;
c) Since the landowners are not primarily
dependent upon the subject lands as their
source of sustenance and most of these lands
were/are under use for other than
agricultural purposes, we deem it appropriate
to invoke our powers under Article 142 of the
Constitution and dispense with the compliance
of Chapters II and III of the 2013 Act
whereunder it is essential to prepare a
Social Impact Assessment Study Report and/or
to develop alternative multi-crop irrigated
agricultural land. We do so to ensure that
the timeline of one year extended at (a)
above to complete the acquisition process can
be adhered to by the appellants and the
GNCTD, which would also likely be beneficial
to the expropriated landowners;
d) Similarly, compliance with sections 13, 14,
16 to 20 of the 2013 Act can be dispensed
with as the subject-lands are predominantly
urban/semi-urban in nature and had earlier
been acquired for public purposes of
paramount importance. In order to simplify
the compliance of direction at (a) above, it
is further directed that every Notification
issued under section 4(1) of the 1894 Act in
4
this batch of cases, shall be treated as a
Preliminary Notification within the meaning
of section 11 of the 2013 Act, and shall be
deemed to have been published as on 01st
January, 2014;
e) The Collector shall provide hearing of
objections as per section 15 of the 2013 Act
without insisting for any Social Impact
Assessment Report and shall, thereafter,
proceed to take necessary steps as per the
procedure contemplated under section 21
onwards of Chapter-IV of 2013 Act, save and
except where compliance of any provision has
been expressly or impliedly dispensed with;
f) The landowners may submit their objections
within a period of four weeks from the date
of pronouncement of this order. Such
objections shall not question the legality of
the acquisition process and shall be limited
only to clauses (a) and (b) of section 15(1)
of the 2013 Act;
g) The Collector shall publish a public notice
on his website and in one English and one
vernacular newspapers, within two weeks of
expiry of the period of four weeks granted
under direction (f) above;
h) The Collector shall, thereafter, pass an
award as early as possible but not exceeding
six months, regardless of the maximum period
of twelve months contemplated under section
25 of the 2013 Act. The market value of the
land shall be assessed as on 01st January,
2014 and the compensation shall be awarded
along with all other monetary benefits in
accordance with the provisions of the 2013
Act except the claim like rehabilitation
etc.;
i) The Collector shall consider all the
parameters prescribed under section 28 of the
2013 Act for determining the compensation for
the acquired land. Similarly, the Collector
shall determine the market value of the
building or assets attached with the land in
accordance with section 29 and shall further
award solatium in accordance with section 30
of the 2013 Act;
j) In the peculiar facts and circumstances of
this case, since it is difficult to reverse
the clock back, the compliance of Chapter (V)
pertaining to “Rehabilitation and
Resettlement Award” is hereby dispensed with;
and
5
k) The expropriated landowners shall be entitled
to seek reference for enhancement of
compensation in accordance with Chapter-VIII
of the 2013 Act.
9. It is clarified that the extension of one year, as granted to
the Authorities for completion of acquisition in sub-para (a)
reproduced above, will commence from the date of this order.
10. The Civil Appeal and Miscellaneous Applications are,
accordingly, disposed of.
11. As a result, pending interlocutory applications, if any, also
stand disposed of.
12. It is made clear that the instant order pertains to the land
measuring one bigha in Khasra No.1103, and it shall have no bearing
on the litigation, if any, pending with respect to the same and/or
other adjoining Khasra numbers.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
6
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.674 OF 2023]
IN
REVIEW PETITION (C) D. No.879/2022
IN
CIVIL APPEAL NO.6172 OF 2017
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
NARENDAR KUMAR RESPONDENT
O R D E R
1. Delay condoned.
2. Vide order dated 08.01.2025, the following directions were
issued to the respondent, who claimed to be the original landowner:
10. The Revenue Records produced before us reveal that
Narender Kumar filed the writ petition before the High
Court through General Power of Attorney (GPA) – Anil
Gupta. The copy of the GPA has also been appended with
the writ petition, through which, the subject land has
been, in a way, entrusted to Anil Gupta and his
associates. The revenue entries relied upon in the writ
petition also indicate such transfer of right.
11. Learned counsel for the landowner, however, disputes
this objection raised on behalf of the writ petitioner.
12. Let the affidavit of the original owner Narender
Kumar, S/o Munni Lal, along with all the requisite
documents, to show that he is the owner in continuous
possession of the subject land, be placed on record.
13. The documents relied upon for sanction of mutation be
also appended with the affidavit.
14. Post this matter on 22.01.2025.”
7
3. The respondent has failed to comply with the above-stated
order. No affidavit or relevant documents have been placed on
record. That being so, the oral prayer of the applicant-DDA is
allowed.
4. Accordingly, the Miscellaneous Application for recalling of
orders, as also RP (C) Diary No.879/2022, are allowed, and order
dated 04.05.2017 in Civil Appeal No.6172/2017 is recalled.
Civil Appeal No. 6172/2017
5. It is clear that this matter falls within the category of
matters remanded to the High Court in Group E of the three Judge
Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs.
BSK Realtors LLP & Anr., reported in (2024) 7 SCC 370.
6. Accordingly, the civil appeal is partly allowed, the
impugned order dated 14.07.2015 is set aside, WP(C)No.2611/2015,
filed before the High Court of Delhi, is restored, and the matter
is remitted to the High Court to determine the dispute in
accordance with law.
7. The parties are, accordingly, directed to appear before
the High Court on 24.02.2025.
8. It is clarified that all contentions in this regard are
kept open. The parties shall be at liberty to produce the relevant
material before the High Court in support and against the
abovementioned claim, which shall be examined as per its own
merits.
9. It goes without saying that if the respondents-owners are
able to establish their title and/or they are found entitled to get
compensation, they shall be paid such compensation under the Right
8
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in accordance with the
procedure contemplated in paragraph 128 of Government of NCT of
Delhi through its Secretary, Land and Building Department & another
vs. K.L. Rathi Steels Limited and others, (2024) 7 SCC 315. Ordered
accordingly.
10. As a result, the pending interlocutory application, if
any, also stands disposed of.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
9
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.1464 OF 2023]
IN
REVIEW PETITION (CIVIL) DIARY NO. 24205 OF 2019
IN
CIVIL APPEAL NO.6247/2017
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
PRAVEEN KUMAR JAIN & ORS. RESPONDENTS
O R D E R
1. Delay condoned.
2. It is not in dispute that the respondent is claiming interest
in the acquired land on the basis of an Agreement to Sale, General
Power of Attorney, and possession letter dated 05.04.2002. There is
no sale deed or any other valid mode of transfer of title in his
favour.
3. Accordingly, the Miscellaneous Application for recalling of
orders, as also RP (C) Diary No.24205/2019, are allowed, and order
dated 04.05.2017 in Civil Appeal No.6247/2017 is recalled.
10
Civil Appeal No. 6247/2017
4. It is clear that this matter falls within the category of
matters remanded to the High Court in Group E of the three Judge
Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs.
BSK Realtors LLP & Anr., reported in (2024) 7 SCC 370.
5. Accordingly, the civil appeal is partly allowed, the
impugned order dated 02.05.2016 is set aside, WP(C)No.3132/2015,
filed before the High Court of Delhi, is restored, and the matter
is remitted to the High Court to determine whether there was a
valid transfer of title in the acquired land before issuance of
Section 4 notification and if so, who will be entitled to payment
of compensation in accordance with law.
6. The parties are, accordingly, directed to appear before
the High Court on 24.02.2025.
7. It is clarified that all contentions in this regard are
kept open. The parties shall be at liberty to produce the relevant
material before the High Court in support and against the
abovementioned claim, which shall be examined as per its own
merits.
8. It goes without saying that if the respondents-owners are
able to establish their title and/or they are found entitled to get
compensation, they shall be paid such compensation under the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in accordance with the
procedure contemplated in paragraph 128 of Government of NCT of
Delhi through its Secretary, Land and Building Department & another
vs. K.L. Rathi Steels Limited and others, (2024) 7 SCC 315. Ordered
11
accordingly.
9. As a result, the pending interlocutory application, if
any, also stands disposed of.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
12
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.1465 OF 2023]
IN
REVIEW PETITION (C) D. No.30311/2021
IN
CIVIL APPEAL NO.6283 OF 2017
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
M/S AASAKTI ESTATE PVT. LTD. & ORS RESPONDENTS
O R D E R
1. Delay condoned.
2. The respondent-landowner admittedly relies upon a sale deed
executed post Section 4 notification dated 25.11.1980, and such
sale deed is alleged to be in violation of provisions of Delhi
Lands (Restrictions on Transfer) Act, 1972.
3. Accordingly, the Miscellaneous Application for recalling of
orders, as also RP (C) Diary No.30311/2021, are allowed, and order
dated 04.05.2017 in Civil Appeal No.6283/2017 is recalled.
13
Civil Appeal No. 6283/2017
4. It is clear that this matter falls within the category of
matters remanded to the High Court in Group E of the three Judge
Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs.
BSK Realtors LLP & Anr., reported in (2024) 7 SCC 370.
5. Accordingly, the civil appeal is partly allowed, the
impugned order dated 06.04.2015 is set aside, WP(C)No.6617/2014,
filed before the High Court of Delhi, is restored, and the matter
is remitted to the High Court to determine the dispute in
accordance with law.
6. The parties are, accordingly, directed to appear before
the High Court on 24.02.2025.
7. It is clarified that all contentions in this regard are
kept open. The parties shall be at liberty to produce the relevant
material before the High Court in support and against the
abovementioned claim, which shall be examined as per its own
merits.
8. It goes without saying that if the respondents-owners are
able to establish their title and/or they are found entitled to get
compensation, they shall be paid such compensation under the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in accordance with the
procedure contemplated in paragraph 128 of Government of NCT of
Delhi through its Secretary, Land and Building Department & another
vs. K.L. Rathi Steels Limited and others, (2024) 7 SCC 315. Ordered
14
accordingly.
9. As a result, the pending interlocutory application, if
any, also stands disposed of.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
15
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.1466 OF 2023]
IN
REVIEW PETITION (C) D. No.38548/2019
IN
CIVIL APPEAL NO.6240 OF 2017
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
M/S PRASHID ESTATE PVT. LTD. & ORS. RESPONDENTS
O R D E R
1. Delay condoned.
2. The respondent-landowner admittedly relies upon a sale deed
executed post Section 4 notification dated 25.11.1980, and such
sale deed is alleged to be in violation of provisions of Delhi
Lands (Restrictions on Transfer) Act, 1972.
3. Accordingly, the Miscellaneous Application for recalling of
orders, as also RP (C) Diary No.38548/2019, are allowed, and order
16
dated 04.05.2017 in Civil Appeal No.6240/2017 is recalled.
Civil Appeal No. 6240/2017
4. It is clear that this matter falls within the category of
matters remanded to the High Court in Group E of the three Judge
Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs.
BSK Realtors LLP & Anr., reported in (2024) 7 SCC 370.
5. Accordingly, the civil appeal is partly allowed, the
impugned order dated 11.11.2014 is set aside, WP(C)No.6314/2014,
filed before the High Court of Delhi, is restored, and the matter
is remitted to the High Court to determine the dispute in
accordance with law.
6. The parties are, accordingly, directed to appear before
the High Court on 24.02.2025.
7. It is clarified that all contentions in this regard are
kept open. The parties shall be at liberty to produce the relevant
material before the High Court in support and against the
abovementioned claim, which shall be examined as per its own
merits.
8. It goes without saying that if the respondents-owners are
able to establish their title and/or they are found entitled to get
compensation, they shall be paid such compensation under the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in accordance with the
procedure contemplated in paragraph 128 of Government of NCT of
Delhi through its Secretary, Land and Building Department & another
17
vs. K.L. Rathi Steels Limited and others, (2024) 7 SCC 315. Ordered
accordingly.
9. As a result, the pending interlocutory application, if
any, also stands disposed of.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
18
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.4091 OF 2023]
IN
REVIEW PETITION (C) D. No.4904/2020
IN
CIVIL APPEAL NO.6250 OF 2017
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
JAGJIT SINGH & ORS. RESPONDENTS
O R D E R
1. Delay condoned.
2. As per the office report, service is complete. No one has
entered appearance on behalf of the respondents, who claim to be
the land owners.
3. DDA has made specific averments that the Writ Petition (C)
No.960/2015 was filed by one S.P. Gupta claiming as Attorney of
Jagjit Singh, Director of M/s Mickey Broilers Pvt. Ltd. The Power
of Attorney is relied upon to claim title and interest in the
acquired land. The said Power of Attorney was executed much after
issuance of Sections 4 and 6 notifications on 13.04.1971 and
16.09.1971, respectively.
3. That being so, the Miscellaneous Application for recalling of
orders, as also RP (C) Diary No.4904/2020, are allowed, and order
19
dated 04.05.2017 in Civil Appeal No.6250/2017 is recalled.
Civil Appeal No. 6250/2017
4. It is clear that this matter falls within the category of
matters remanded to the High Court in Group E of the three Judge
Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs.
BSK Realtors LLP & Anr., reported in (2024) 7 SCC 370.
5. Accordingly, the civil appeal is partly allowed, the
impugned order dated 23.02.2016 is set aside, WP(C)No.960/2015,
filed before the High Court of Delhi, is restored, and the matter
is remitted to the High Court to determine the dispute in
accordance with law.
6. The parties are, accordingly, directed to appear before
the High Court on 24.02.2025.
7. It is clarified that all contentions in this regard are
kept open. The parties shall be at liberty to produce the relevant
material before the High Court in support and against the
abovementioned claim, which shall be examined as per its own
merits.
8. It goes without saying that if the respondents-owners are
able to establish their title and/or they are found entitled to get
compensation, they shall be paid such compensation under the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in accordance with the
procedure contemplated in paragraph 128 of Government of NCT of
Delhi through its Secretary, Land and Building Department & another
20
vs. K.L. Rathi Steels Limited and others, (2024) 7 SCC 315. Ordered
accordingly.
9. As a result, the pending interlocutory application, if
any, also stands disposed of.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
21
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.4990 OF 2023]
IN
REVIEW PETITION (C) D. No.32548/2021
IN
CIVIL APPEAL NO.6127 OF 2017
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
VINOD KUMAR LUTHRA & ORS. RESPONDENTS
O R D E R
1. Delay condoned.
2. Learned counsel for the parties are ad-idem that, in view
of the respondent-land owners claiming title on the basis of a
subsequent sale deed dated 26.06.1992, the instant case may be
remanded to the High Court.
3. Accordingly, the Miscellaneous Application for recalling
of order, as also RP (C) Diary No.32548/2021, are allowed, and
order dated 04.05.2017 in Civil Appeal No.6127/2017 is recalled.
22
Civil Appeal No. 6127/2016
4. It is clear that this matter falls within the category of
matters remanded to the High Court in Group E of the three Judge
Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs.
BSK Realtors LLP & Anr., reported in (2024) 7 SCC 370.
5. Accordingly, the civil appeal are partly allowed, the
impugned order dated 10.03.2015 is set aside, WP(C)No.7887/2014,
filed before the High Court of Delhi, is restored, and the matter
is remitted to the High Court to determine the dispute in
accordance with law.
6. The parties are, accordingly, directed to appear before
the High Court on 24.02.2025.
7. It is clarified that all contentions in this regard are
kept open. The parties shall be at liberty to produce the relevant
material before the High Court in support and against the
abovementioned claim, which shall be examined as per its own
merits.
8. It goes without saying that if the respondents-owners are
able to establish their title and/or they are found entitled to get
compensation, they shall be paid such compensation under the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in accordance with the
procedure contemplated in paragraph 128 of Government of NCT of
Delhi through its Secretary, Land and Building Department & another
23
vs. K.L. Rathi Steels Limited and others, (2024) 7 SCC 315. Ordered
accordingly.
9. As a result, the pending interlocutory application, if
any, also stands disposed of.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
24
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. OF 2025
[DIARY No.5711 OF 2023]
IN
CIVIL APPEAL NO.6167 OF 2017
DELHI DEVELOPMENT AUTHORITY APPELLANT
Vs.
BAL KISHAN & ORS. RESPONDENTS
WITH
CIVIL APPEAL NO. OF 2025
[Arising out of SLP(C) No. of 2025)
[Diary No.44014/2023]
O R D E R
1. Delay condoned.
2. One Ashish Gupta is claiming himself to be the land owner on
the basis of GPA dated 02.09.1988. The GPA was executed much after
issuance of Sections 4 and 6 notifications on 05.11.1980 and
21.05.1985, respectively.
3. Accordingly, the Miscellaneous Application is allowed and
order dated 04.05.2017 in Civil Appeal No.6167/2017 is recalled.
25
Civil Appeal No. 6167/2017 & Civil Appeal No. /2025 (arising out
SLP(C) NO. /2025 @ Diary No.44014/2023)
4. Delay condoned. Leave granted.
5. It is clear that this matter falls within the category of
matters remanded to the High Court in Group E of the three Judge
Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs.
BSK Realtors LLP & Anr., reported in (2024) 7 SCC 370.
6. Accordingly, the civil appeals are partly allowed, the
impugned order dated 08.09.2015 is set aside, WP(C)No.147/2015,
filed before the High Court of Delhi, is restored, and the matter
is remitted to the High Court to determine the dispute in
accordance with law.
7. The parties are, accordingly, directed to appear before the
High Court on 24.02.2025.
8. It is clarified that all contentions in this regard are kept
open. The parties shall be at liberty to produce the relevant
material before the High Court in support and against the
abovementioned claim, which shall be examined as per its own
merits.
9. It goes without saying that if the respondents-owners are able
to establish their title and/or they are found entitled to get
compensation, they shall be paid such compensation under the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in accordance with the
procedure contemplated in paragraph 128 of Government of NCT of
Delhi through its Secretary, Land and Building Department & another
26
vs. K.L. Rathi Steels Limited and others, (2024) 7 SCC 315. Ordered
accordingly.
10. As a result, the pending interlocutory application, if any,
also stands disposed of.
....................J.
(SURYA KANT)
.....................J.
(DIPANKAR DATTA)
....................J.
(UJJAL BHUYAN)
NEW DELHI;
JANUARY 22, 2025
27
ITEM NO.7 + 9.6 + 9.27 COURT NO.3 SECTION XIV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION……………... Diary No(s).42745/2022
[Arising out of impugned final judgment and order dated 04-05-2017
in C.A. No.6187/2017 passed by the Supreme Court of India]
DELHI DEVELOMENT AUTHORITY Petitioner(s)
VERSUS
MAHENDER SINGH & ANR. Respondent(s)
(IA No.59442/2023 - CONDONATION OF DELAY IN FILING, IA
No.205357/2022 - RECALLING THE COURTS ORDER
WITH
Diary No(s). 12635/2023 (XIV-A)
(IA No. 61947/2023 - CONDONATION OF DELAY IN FILING, IA
No.61944/2023 - RECALLING THE COURTS ORDER
Diary No(s). 12639/2023 (XIV-A)
(IA No. 61958/2023 - CONDONATION OF DELAY IN FILING, IA
No.61957/2023 - RECALLING THE COURTS ORDER
Diary No(s). 23142/2023 (XIV-A)
(IA No. 112727/2023 - CONDONATION OF DELAY IN FILING, IA
No.112726/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 674/2023 (XIV-A)
(IA No. 2468/2023 - CONDONATION OF DELAY IN FILING, IA No.2465/2023
- RECALLING THE COURTS ORDER)
Diary No(s). 1464/2023 (XIV-A)
(IA No. 6695/2023 - CONDONATION OF DELAY IN FILING, IA No.6697/2023
- EXEMPTION FROM FILING O.T., IA No. 6693/2023 - RECALLING THE
COURTS ORDER)
Diary No(s). 1465/2023 (XIV-A)
(IA No. 6703/2023 - CONDONATION OF DELAY IN FILING, IA No.6709/2023
- EXEMPTION FROM FILING O.T., IA No. 6701/2023 - RECALLING THE
COURTS ORDER)
Diary No(s). 1466/2023 (XIV-A)
(IA No. 6704/2023 - CONDONATION OF DELAY IN FILING, IA No.6705/2023
- EXEMPTION FROM FILING O.T., IA No. 6702/2023 - RECALLING THE
COURTS ORDER)
28
Diary No(s). 4091/2023 (XIV-A)
(IA No. 20072/2023 - CONDONATION OF DELAY IN FILING, IA
No.20073/2023 - EXEMPTION FROM FILING O.T., IA No. 20071/2023 -
RECALLING THE COURTS ORDER
Diary No(s). 4990/2023 (XIV-A)
(IA No. 24828/2023 - CONDONATION OF DELAY IN FILING, IA
No.24831/2023 - EXEMPTION FROM FILING O.T., IA No. 24827/2023 -
RECALLING THE COURTS ORDER
Diary No(s). 5711/2023 (XIV-A)
(IA No. 28701/2023 - CONDONATION OF DELAY IN FILING, IA
No.28698/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 6523/2023 (XIV-A)
(IA No. 33043/2023 - CONDONATION OF DELAY IN FILING, IA
No.33041/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 6524/2023 (XIV-A)
(IA No. 33042/2023 - CONDONATION OF DELAY IN FILING, IA
No.33039/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 11767/2023 (XIV-A)
(IA No. 57785/2023- Application for Condonation of delay in filing
M.A., IA No. 57785/2023 - RECALLING THE COURTS ORDER, IA
No.57784/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 12978/2023 (XIV-A)
(IA No. 64709/2023 - CONDONATION OF DELAY IN FILING, IA
No.64708/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 13420/2023 (XIV-A)
(IA No. 131237/2023 - CONDONATION OF DELAY IN FILING, IA
No.66347/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 14584/2023 (XIV-A)
(IA No. 71274/2023 - CONDONATION OF DELAY IN FILING, IA
No.71275/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 14601/2023 (XIV-A)
(IA No. 71310/2023 - CONDONATION OF DELAY IN FILING, IA
No.71308/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 21344/2023 (XIV-A)
(IA No. 105106/2023 - CONDONATION OF DELAY IN FILING, IA
No.105108/2023 - EXEMPTION FROM FILING O.T., IA No. 105101/2023 -
RECALLING THE COURTS ORDER
Diary No(s). 22524/2023 (XIV-A)
(IA No. 110340/2023 - CONDONATION OF DELAY IN FILING, IA
No.110338/2023 - RECALLING THE COURTS ORDER)
29
Diary No(s). 27415/2023 (XIV-A)
(IA No. 166957/2023 - CONDONATION OF DELAY IN FILING, IA
No.166958/2023 - EXEMPTION FROM FILING PAPER BOOKS, IA
No.130925/2023 - RECALLING THE COURTS ORDER)
Diary No(s). 33298/2023 (XIV-A)
(IA No. 153912/2024 – CLARIFICATION/DIRECTION, IA No. 175628/2024 -
CONDONATION OF DELAY IN FILING, IA No. 162108/2023 - RECALLING THE
COURTS ORDER)
Diary No(s). 7295/2024 (XIV-A)
(IA No. 40166/2024 - CONDONATION OF DELAY IN FILING, IA
No.40160/2024 - RECALLING THE COURTS ORDER
Item No.9.6
SLP(C) No.943/2025
Item No.9.27
Diary No.44014/2023
(IA No.224583/2023-CONDONATION OF DELAY IN FILING and IA
No.224584/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 22-01-2025 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE DIPANKAR DATTA
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) :Mr. Sanjay Parikh, Sr. Adv.
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Ritwik Parikh, Adv.
Mr. Satwik Parikh, Adv.
Ms. Mailshree Pathak, Adv.
Ms. Kritika, Adv.
Mr. Rajat K. Mittal, Adv.
Mr. Prateek Srivastava, Adv.
Mr. Karun Sharma, Adv.
Ms. Rajkumari Divyasana, Adv.
Mr. Nishit Agrawal, AOR
Ms. Sunieta Ojha, AOR
Ms. Malvika Kapila, AOR
Mr. Sanjay Poddar, Sr. Adv.
Ms. Niharika Ahluwalia, AOR
Mr. Arpit Sharma, Adv.
Mr. Mr. Himaghn Jain, Adv.
Mr. Himaghn Jain, Adv.
Ms. Sonakshi Chaturvedi, Adv.
Mr. Mihir Gupta, Adv.
30
Mr. Sanjay Poddar, Sr. Adv.
Mr. Ishaan Sharma, Adv.
Ms. Mitali Gupta, Adv.
Mr. Kumar Shitij, Adv.
Mr. Nitin Mishra, AOR
Mr. Shubham Shukla, Adv.
Mr. Aditya Kashyap, Adv.
Mr. Saksham Kaushik, Adv.
Mr. Govind, Adv.
Mr. Sanjay Poddar, Sr. Adv.
Ms. Manika Tripathy, AOR
Mr. Ashutosh Kaushik, Adv.
Ms. Sujeeta Srivastava, AOR
Ms. Shalini Chandra, AOR
M/s. Saharya & Co., AOR
Ms. Binu Tamta, AOR
For Respondent(s) :Mr. Munawwar Naseem, Adv.
Ms. Sanjna Dua, Adv.
Ms. Namrata Langade, Adv.
M/s. Dua Associates, AOR
Mr. Bankey Bihari, AOR
Mr. Sumit Bansal, Sr. Adv.
Mr. Udaibir Singh Kochar, Adv.
Mr. Utsav Garg, Adv.
Mr. Ananta Prasad Mishra, AOR
Dr. Sumant Bharadwaj, Adv.
Mr. Vedant Bharadwaj, Adv.
Ms. Mridula Ray Bharadwaj, AOR
Mr. D.M. Sharma, Adv.
Mr. Ankit Kumar Chaudhary, Adv.
Ms. Surbhi Sharma, Adv.
Ms. Iti Sharma, Adv.
Mr. Arvind Kumar Gupta, AOR
Mr. Rajiv Ranjan Dwivedi, AOR
Mr. Bharat Beriwal, Adv.
Mr. Vishal, Adv.
Mrs. Subhadra Dwivedi, Adv.
Mr. Bharat Arora, Adv.
Ms. Charu Ambwani, AOR
Ms. Neeru Vaid, AOR
31
Ms. Smita Maan, AOR
Mr. Vishal Maan, Adv.
Mr. Kartik Dabas, Adv.
Mr. T. L. Garg, AOR
Mr. Rajender Pd. Saxena, AOR
Mr. Rajendra Prasad Saxena, Adv.
Mr. N.P. Sahni, Adv.
Mr. Vineet Sinha, Adv.
Mr. Siddharth Luthra, Sr. Adv.
Mr. Sougat Pati, Adv.
Ms. Madhusruthi Neelakantan, Adv.
Ms. Ranjeeta Rohatgi, AOR
Ms. Shrika Gautam, Adv.
Mr. Satya Darshi Sanjay, A.S.G.
Mr. B.K. Satija, Adv.
Mr. Padmesh Mishra, Adv.
Ms. Samta Pushkarna Mishra, Adv.
Mr. C.K. Sharma, Adv.
Mr. Adarsh Kr. Pandey, Adv.
Mr. Gautam Kumar, Adv.
Mr. Manish, Adv.
Mr. Vishnu Kant, Adv.
Dr. N. Visakamurthy, AOR
Mr. Atul Kumar, AOR
Ms. Sweety Singh, Adv.
Ms. Archana Kumari, Adv.
Mr. Rahul Pandey, Adv.
Mr. Avs Kadyan, Adv.
Mr. Ashutosh Upadhyay, Adv.
Mr. Sudipta Singha Roy, Adv.
Mr. Harsh Kumar, Adv.
Mr. Himanshu Raj, Adv.
Mr. Tara Chauhan, Adv.
Ms. Rachita Kadyan, Adv.
Ms. Sujeeta Srivastava, AOR
Ms. Vandana Kaushal, Adv.
Ms. Prachi Bajpai, AOR
Mr. Chandra Prakash, AOR
Mr. Vivek Singh, Adv.
Mr. C.p. Rajwar, Adv.
Mr. Binay Kumar, Adv.
Mr. Sanjay Kumar Pathak, Adv.
Mr. Abhinav Kumar, Adv.
32
Dr. V.B. Pandey, Adv.
Mr. Amitabh Kumar Verma, Adv.
Mr. B.L. Shivhare, Adv.
Mr. Babu Malayil, Adv.
Mr. Rajesh Singh Chauhan, AOR
Mr. S K Rout, Adv.
Mr. Ganesh Singh, Adv.
Mr. Amit Acharya, Adv.
Mr. Aman Mehrotra, Adv.
Mr. Priyonkoo Anjan Gogoi, Adv.
Ms. Priti, Adv.
Mr. Prithvi Pal, AOR
UPON hearing the counsel the Court made the following
O R D E R
Diary No(s).42745/2022
1. As per the office report, notice could not be issued as spare copies were not filed. However, learned counsel for the petitioner(s) points out that the needful has already been done though there is a delay.
2. Delay in filing the spare copies is condoned.
3. Learned counsel for the DDA is directed to serve the unserved respondents through dasti process, returnable on 12.02.2025. Diary No.12635 of 2023, Diary No.12639 of 2023 & SLP(C) No.943/2025
4. Delay condoned.
5. Leave granted.
6. The Miscellaneous Applications as well as Civil Appeal are dismissed/disposed of in terms of the signed order. Diary No.674/2023 in R.P.(C) D. No.879/2022 in C.A. No.6172/2017 Diary No.1464/2023 in R.P.(C) D. No.24205/2019 in C.A. No.6247/2017 Diary No.1465/2023 in R.P.(C) D. No.30311/2021 in C.A. No.6283/2017 Diary No.1466/2023 in R.P.(C) D. No.38548/2019 in C.A. No.6240/2017 Diary No.4091/2023 in R.P.(C) D. No.4904/2020 in C.A. No.6250/2017 33 Diary No.4990/2023 in R.P.(C) D. No.32548/2021 in C.A. No.6127/2017 Diary No.5711/2023 in C.A. No.6167/2017 & Diary No.44014/2023
7. Delay condoned.
8. Leave granted.
9. The Miscellaneous Applications as well as Review Petitions are allowed and the Civil Appeals are partly allowed in terms of the signed order.
10. All pending applications, if any, also stand disposed of. Rest of the Matters
11. List on 12.02.2025.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
34