Supreme Court - Daily Orders
Land And Building Department vs Ved Pal on 7 March, 2022
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising from SLP(C) No._______of 2022)
[Diary No. 15595 of 2021]
LAND AND BUILDING DEPARTMENT & ANR. Appellant(s)
VERSUS
VED PAL & ANR. Respondent(s)
O R D E R
Delay condoned.
Leave granted.
This appeal takes exception to the judgment and order dated 09-05-2017 passed by the High Court of Delhi at New Delhi in WPC No. 7057/2015, whereby the acquisition proceedings in respect of subject land came to be declared as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Signature Not VerifiedDigitally signed by DEEPAK SINGH
Notably, the High Court has recorded the Date: 2022.03.09 17:31:15 IST Reason: contention of the writ petitioner(s) in the impugned judgment to the effect that even though 2 the possession was taken over on 09.01.1998, the compensation amount remains to be paid.
The High Court, therefore, allowed the writ petition filed by the respondent on the finding that the compensation has not been paid relying on the dictum in Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. reported in (2014) 3 SCC 183. That judgment is no more a good law in light of the exposition of the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.
In any case, the High Court having noted the plea taken by the writ-petitioner(s) that the possession was taken over on 09.01.1998, in light of the exposition of the Constitution Bench of this Court, it was not open to the High Court to declare that acquisition proceedings had lapsed.
However, we are not expressing any final opinion in that regard. Instead, we relegate the parties before the High Court to examine all aspects of the matter, including in light of the exposition of the Constitution Bench of this Court 3 referred to earlier.
Accordingly, we set aside the impugned judgment and order and restore the writ petition to its original number to be reconsidered by the High Court afresh.
All contentions available to both sides are left open.
The parties to appear before the High Court on 27.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously.
The appeal is disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI MARCH 07, 2022.
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ITEM NO.30 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). 15595/2021 (Arising out of impugned final judgment and order dated 09-05-2017 in WPC No. 7057/2015 passed by the High Court Of Delhi At New Delhi) LAND AND BUILDING DEPARTMENT & ANR. Petitioner(s) VERSUS VED PAL & ANR. Respondent(s) (IA No. 95113/2021 - CONDONATION OF DELAY IN FILING IA No. 95115/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 95114/2021 - EXEMPTION FROM FILING O.T.) Date : 07-03-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Ms. Sujeeta Srivastava, AOR For Respondent(s) Mr. Praveen Chaturvedi, AOR Ms. Devika Mohan, Adv.
Mr. Nitin Mishra, 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, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]