Supreme Court - Daily Orders
Delhi Development Authority vs Gajinder on 1 October, 2021
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).6150 OF 2021
(Arising from SLP(C) No.15825 of 2021
(@ Diary No.7498/2020)
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
GAJINDER & ORS. RESPONDENT(S)
O R D E R
Delay condoned.
Leave granted.
This appeal is directed against the judgment and order dated 13.02.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.8648 of 2015, whereby the writ petition filed by the respondent(s) came to be allowed and it was declared that the subject acquisition proceedings had lapsed.
The High Court in the impugned judgment and order has clearly stated that it was not examining the factum of physical possession having been taken over by the Department concerned, pursuant to the Signature Not Verified Digitally signed by NEETU KHAJURIA acquisition proceedings. That was despite the Date: 2021.10.06 13:45:29 IST Reason: specific stand taken in paragraph 5(i) of the affidavit filed before the High Court, to which our 2 attention has been invited.
Accordingly, we set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the writ petition afresh on its own merits and in accordance with law, keeping in mind the exposition of the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.
All contentions available to both sides are left open, to be decided by the High Court on its own merits.
As the writ petition pertains to the year 2015, we request the High Court to expeditiously dispose of the remanded writ petition.
We direct the parties to appear before the High Court on 08.11.2021 when the High Court may proceed to hear the matter or list it on a convenient date while ensuring that the writ petition is disposed of expeditiously as short question is involved.
The appeal is disposed of accordingly.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR)
NEW DELHI
OCTOBER 01, 2021
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ITEM NO.35 Court 3 (Video Conferencing) 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). 7498/2020 (Arising out of impugned final judgment and order dated 13-02-2017 in WP(C) No. 8648/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS GAJINDER & ORS. Respondent(s) IA No. 45475/2020 - CONDONATION OF DELAY IN FILING IA No. 45476/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 01-10-2021 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Ms. Sunieta Ojha, AOR For Respondent(s) Mr. Sumit Bansal, Adv.
Mr. Udaibir Kochar, Adv. Mr. Gagan Gupta, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(NEETU KHAJURIA) (VIDYA NEGI)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)