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Supreme Court - Daily Orders

Government Of Nct Of Delhi vs Rahul Bhatia on 20 February, 2023

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

     ITEM NO.8                         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). 28059/2022

     (Arising out of impugned final judgment and order dated 09-02-2015
     in WP(C) No. 8753/2014 passed by the High Court of Delhi at New
     Delhi)

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

                                                VERSUS
     RAHUL BHATIA & ORS.                                           Respondent(s)

     ( IA No.30503/2023-CONDONATION OF DELAY IN FILING and IA
     No.30506/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.30504/2023-CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS )

     Date : 20-02-2023 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.
                                  Mr. Rajiv Ranjan, Adv.
                                  Mr. Avdhesh Kumar, Adv.
     For Respondent(s)

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

Delay in refiling is condoned.

Learned counsel appearing on behalf of the petitioners has vehemently submitted that in the present case, the possession of disputed land could not be taken due to stay/pending litigation, which continued till 2014. However, thereafter and despite the above and relying upon the decision of this Court in the case of Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183, the High Court has allowed the writ petition and the acquisition with respect to the land in question Signature Not Verified Digitally signed by Neetu Sachdeva is deemed to have lapsed Date: 2023.02.20 16:53:03 IST under Section 24 (2) of the Right to Fair Reason: Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

contd..

- 2 -

Issue notice on the application(s) for condonation of delay as well as on the Special Leave Petition, making it returnable on 10.04.2023.

Dasti service, in addition, is permitted. The respondents be served within a period of ten days from today.

(NEETU SACHDEVA)                                  (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                          ASSISTANT REGISTRAR