Supreme Court - Daily Orders
Delhi Development Authority vs Ram Chander Singh on 24 March, 2023
Bench: M.R. Shah, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).1954/2023
(@ SLP(C) No.4663/2019)
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
RAM CHANDER SINGH & ORS. Respondent(s)
WITH
CIVIL APPEAL No.1955/2023
(@ SLP (C) NO. 8113/2018)
O R D E R
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.01.2018 passed by the High Court of Delhi at New Delhi in Writ Petition No.9805 of 2017, by which the High Court has allowed the said writ petition preferred by the contesting respondents herein-original land owners and has declared that the acquisition with respect to the land in acquisition is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Delhi Development Authority and North Delhi Municipal Corporation have preferred the present appeals. Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2023.03.28 17:40:38 IST Reason: Learned counsel appearing for the respective parties have stated at the Bar that the very acquisition with respect to the adjoining land, the issue has been settled by this Court 2 against the land owners and a similar order passed by the High Court declaring that the acquisition with respect to the land is deemed to have lapsed has been set aide by this Court in Civil Appeal No.733 of 2023.[North Delhi Municipal Corporation vs. Ram Chander Singh & Others decided on 09.02.2023] Even otherwise, taking into consideration the fact that the possession of the disputed land in question was taken over as far back as in the year 1965, applying the law laid down by this Court in the case of Indore Development Authority vs. Manoharlal and Others reported in (2020)8 SCC 129, there shall not be any deemed lapse of acquisition with respect to the land in question.
In view of the above and for the reasons stated above, the present appeals are allowed. The impugned judgment and order(s) passed by the High Court are hereby quashed and set aside. There shall not be any deemed lapse of acquisition with respect to the land in question as observed and held by the High Court.
The appeals are allowed. No costs.
........................J. [ M. R. SHAH ] 3 ........................J. [ C.T. RAVIKUMAR ] NEW DELHI;
MARCH 24, 2023
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ITEM NO.21 COURT NO.4 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
Civil Appeal No(s).1954/2023 @ SLP(C) No.4663/2019
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
RAM CHANDER SINGH & ORS. Respondent(s)
IA No. 21001/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH C.A. No.1955/2023 @ SLP(C) No.813/2018 (XIV-A) IA No. 44864/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 24-03-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. Praveen Swarup, AOR Mr. Praveen Swarup, Adv. Ms. Pareena Swarup, Adv. Ms. Payal Swarup, Adv.
Mr. Devesh Maurya, Adv.
Ms. Pratishtha Majumdar, Adv. Mr. O.p. Harsh Singh Munday, Adv. Mr. B.c. Santosh Kumar, Adv.
Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv.
For Respondent(s) Ms. Priyanjali Singh, AOR Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv.
Ms. Sujeeta Srivastava, AOR Mr. Praveen Swarup, AOR Mr. Praveen Swarup, Adv. Ms. Payal Swarup, Adv.
Ms. Pareena Swarup, Adv.5
Mr. Devesh Maurya, Adv.
Mr. O.p. Harsh Singh Munday, Adv. Mr. B.c. Santosh Kumar, Adv.
Mr. Setu Niket, Adv.
Ms. Esha Mazumdar, Adv.
Mr. Azmat Hayat Amanullah, AOR Mr. Rajat Bhatia, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK JOSHI) (NISHA TRIPATHI) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed Order is placed on the File)