Supreme Court - Daily Orders
M.R. Dav Educational Trust (Regd) vs The State Of Haryana on 31 March, 2022
Bench: Hemant Gupta, V. Ramasubramanian
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ITEM NO.3 COURT NO.11 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 17274-
17275/2017
(Arising out of impugned final judgment and order dated 19-04-2017
in CWP No. 6859/2017 26-05-2017 in RA No. 256/2017 passed by the
High Court of Punjab & Haryana at Chandigarh)
M.R. DAV EDUCATIONAL TRUST (REGD) Petitioner(s)
VERSUS
THE STATE OF HARYANA & ORS. Respondent(s)
Date : 31-03-2022 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv.
Mr. N. Prabhakar, Adv.
Mr. Gopal Jha, AOR
Mr. Nishant Verma, Adv.
Mr. Shreyash Bhardwaj, Adv.
For Respondent(s) Mr. Anil Grover, Addl.AG/Adv.
Mr. Rakesh Mudgal, Addl.AG/Adv.
Ms. Noopur Singhal, Adv.
Mr. Satish Kumar, Adv.
Mr. Vishwa Pal Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
A perusal of the record shows that Sri Lakshmi Ammal Educational Trust was the owner of the land who was granted permission for change of land use on 12.04.2006. The petitioners rely upon a consent decree passed by Additional Civil Judge, Senior Division, Signature Not Verified Rohtak on 21.01.2015 whereby the Sri Lakshmi Ammal Digitally signed by SWETA BALODI Date: 2022.04.01 Educational 17:12:59 IST Reason: Trust has agreed that it has no right, title or interest in the suit property. Such consent decree creates right for the first time. The consent decree was not to recognize pre- 2 existing right in the property. Therefore, such decree is not legal and valid in view of the judgment of this Court reported as (1995) 5 SCC 709, titled as ‘Bhoop Singh Vs. Ram Singh Major & Ors.’as such decree requires compulsory registration.
It is further stated that the award was announced on 13.07.2009 whereby the writ petition was filed 7 years later in the year 2016. The writ petition was rightly dismissed by the High Court on the ground of delay and laches.
We do not find any merit in the special leave petition. The special leave petitions are, accordingly, dismissed. Pending application(s), if any, also stand disposed of.
(SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)