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Govt. Of Nct Delhi vs Tilak Raj on 20 March, 2023

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

     ITEM NO.13                                    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). 4587/2023

     (Arising out of impugned final judgment and order dated 05-10-2015
     in WPC No. 5112/2015 passed by the High Court Of Delhi at New
     Delhi)

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

                                                            VERSUS

     TILAK RAJ & ORS.                                                                 Respondent(s)

     (FOR ADMISSION and I.R. and IA No.43143/2023-CONDONATION OF DELAY
     IN FILING and IA No.43147/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.43145/2023-EXEMPTION FROM FILING O.T. )

     Date : 20-03-2023 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. Prachi Bajpai, AOR

     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(s) that in the present case, the possession of land in question was already taken over in the year 1982. However, despite the same 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 judgment which has been subsequently overruled by the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129, the High Court has declared that the acquisition with respect to land in question is deemed to have lapsed.

Issue notice on the application for condonation of delay as Digitally signed by Neetu Sachdeva well as on the Special Leave Petition, making it returnable on Date: 2023.03.21 16:35:46 IST Reason:

24.04.2023.

contd..

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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