Supreme Court - Daily Orders
Delhi Development Authority vs Mandir Shri Krishan Bhagwan on 22 July, 2022
Bench: Uday Umesh Lalit, S. Ravindra Bhat
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4862 of 2022
(Arising out of SLP(C) No.22114/2018)
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
MANDIR SHRI KRISHAN BHAGWAN & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. This appeal challenges the judgment and order dated 10- 05-2016 passed by the High Court of Delhi at New Delhi in WP(C) No. 5086/2015.
3. The acquisition initiated pursuant to Notification dated 21.03.2003 under Section 4 of the Land Acquisition Act, 1894 1 for the purposes of Rohini Residential Scheme culminated in an award passed on 02.01.2006. The possession was thereafter taken vide possession proceedings dated 25.07.2006 which are placed on record at page 37 of the Paper-Book.
4. After the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20132 Signature Not Verified was enacted, a writ petition was filed in the High Court Digitally signed by Indu Marwah Date: 2022.07.27 14:59:19 IST Reason: seeking declaration that in view of Section 24(2) of the 1 [The Act, for short ] 2 [“2013 Act” for short] 2 2013 Act, the acquisition proceedings had lapsed. The writ petition came to be allowed by the High Court by its order presently under challenge.
5. While issuing notice, reference was made to the fact that the questions raised in the petition were pending before a larger Bench, which were finally dealt with the by this Court in its judgment in Indore Development Authority vs. Manohar Lal3. Paragraphs 246, 247, 258, 263, 265 & 274 of the reported judgment deal with the controversy in question.
6. Though notice was issued in the matter way back in August, 2018 and service was effected upon the contesting respondents, no appearance has been entered on their behalf.
7. Application seeking impleadment has, however, been filed on behalf of the National Highways Authorities of India submitting that the authorities are going ahead with the work which was contemplated after the acquisition.
8. Since both the issues raised in the matter, namely, regarding possession and compensation stand answered by the larger Bench and since there is factual foundation in support of these issues, we have no hesitation in accepting the submissions made on behalf of the appellant. It is true that no appearance has been entered on behalf of the contesting respondents and as such the other view point is not getting projected. However, the law and facts being absolutely clear, 3 (2020) 8 SCC 129 3 we proceed to allow the instant appeal. The judgment and order passed by the High Court is set aside and Writ Petition (C) No. 5086/2015 is dismissed.
9. The appeal is allowed accordingly.
10. No order as to costs.
…………......................J. (UDAY UMESH LALIT) ………….....................J. (S. RAVINDRA BHAT) New Delhi, July 22, 2022.
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ITEM NO.29 COURT NO.2 SECTION XIV
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). 22114/2018
(Arising out of impugned final judgment and order dated 10-05-2016 in WP(C) No. 5086/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS MANDIR SHRI KRISHAN BHAGWAN & ORS. Respondent(s) (IA No. 147755/2021 - INTERVENTION/IMPLEADMENT IA No. 127139/2021 - INTERVENTION/IMPLEADMENT) Date : 22-07-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Ms. Binu Tamta, AOR Mr. Dhruv Tamta, Adv.
For Respondent(s) Mr. Sanjay Poddar, Sr. Adv.
Mr. Praveen Swarup, AOR Mr. Shivam Goel, Adv Mr. Anil Kumar Goyal, Adv Mr. Govind Kumar, Adv Mr. Pratish Goel, Adv Ms. Ramya S. Goel UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending applications including intervention/ impleadment(s), if any, shall stand disposed of.
(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER
(SIGNED ORDER IS PLACED ON THE FILE)