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Supreme Court - Daily Orders

Delhi Development Authority vs Indraj on 16 January, 2023

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

     ITEM NO.25                                 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). 20620/2022

     (Arising out of impugned final judgment and order dated 13-12-2017
     in WP(C) No. 5474/2014 passed by the High Court Of Delhi At New
     Delhi)

     DELHI DEVELOPMENT AUTHORITY                                               Petitioner(s)

                                                        VERSUS

     INDRAJ & ORS.                                                             Respondent(s)

     (FOR ADMISSION and I.R. and IA No.4024/2023-CONDONATION OF DELAY IN
     FILING and IA No.4025/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.4023/2023-CONDONATION OF DELAY IN
     REFILING / CURING THE DEFECTS )

     Date : 16-01-2023 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)                   Ms. Manika Tripathy, AOR
                                         Mr. Ashutosh Kaushik, Adv.
                                         Mr. Roshan Kumar, Adv.

     For Respondent(s)

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

It is the case on behalf of the petitioner that the possession of land in question was already taken over and despite the same, the High Court has allowed the writ petition relying upon the decision of this Court in the case of Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183, which decision has been over-ruled by the decision of Signature Not Verified the Constitution Bench of this Court Indore Development Authority Digitally signed by Neetu Sachdeva Date: 2023.01.17 16:08:26 IST Reason: vs. Manoharlal and Others, (2020) 8 SCC 129.

contd..

- 2 -

Delay in refiling is condoned.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition, making it returnable on 27.02.2023.

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

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