Supreme Court - Daily Orders
Bijendra Singh vs State Of U.P.& Ors.Etc. on 9 April, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra
1
IN THE SUPREME COURT OF INDA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3595-3596 OF 2015
(Arising out of SLP(C) Nos. 34981-34982 of 2011)
Bijendra Singh & Anr. .. Appellant(s)
Versus
State of Uttar Pradesh & Ors. Etc. .. Respondent(s)
W I T H
CIVIL APPEAL NO. 3597 OF 2015
(Arising out of SLP(C) No. 4554 of 2012)
CIVIL APPEAL NO.3598-3599 OF 2015
(Arising out of SLP(C) Nos. 6816-6817 2012)
CIVIL APPEAL NO. 3600-3602 OF 2015
(Arising out of SLP(C) Nos. 7252-7254 of 2012)
CIVIL APPEAL NO. 3603 OF 2015
(Arising out of SLP(C) No. 8170 of 2012)
CIVIL APPEAL NO. 3604 OF 2015
(Arising out of SLP(C) No. 8173 of 2012)
CIVIL APPEAL NO. 3605 OF 2015
(Arising out of SLP(C) No. 8174 of 2012)
CIVIL APPEAL NO. 3606 OF 2015
Signature Not Verified
(Arising out of SLP(C) No. 8175 of 2012)
Digitally signed by
Charanjeet Kaur
Date: 2015.04.13
16:32:02 IST
Reason:
2
CIVIL APPEAL NO. 3607 OF 2015
(Arising out of SLP(C) No. 9649 of 2012)
CIVIL APPEAL NO. 3608 OF 2015
(Arising out of SLP(C) No. 9661 of 2012)
CIVIL APPEAL NO. 3610 OF 2015
(Arising out of SLP(C) No. 9662 of 2012)
CIVIL APPEAL NO. 3612 OF 2015
(Arising out of SLP(C) No. 9666 of 2012)
CIVIL APPEAL NO. 3613-3616 OF 2015
(Arising out of SLP(C) Nos. 17068-17071 of 2012)
CIVIL APPEAL NO. 3618 OF 2015
(Arising out of SLP(C) No. 997 of 2014)
CIVIL APPEAL NO. 3619 OF 2015
(Arising out of SLP(C) No. 4636 of 2015)
CIVIL APPEAL NO. 3620 OF 2015
(Arising out of SLP(C) No. 18080 of 2014)
CIVIL APPEAL NO. 3621 OF 2015
(Arising out of SLP(C) No. 6557 of 2015)
CONTEMPT PETITION (C) NO. 534 OF 2014
IN
(Arising out of SLP (C) Nos. 17068-17071 of 2012)
3
O R D E R
1. Delay, in filing application(s) for substitution, if any, is condoned.
2. Application(s) for substitution, if any, is allowed.
3. Delay, in filing the special leave petitions, if any, is condoned. CIVIL APPEAL NO. 3595-3596 OF 2015 (Arising out of SLP(C) Nos. 34981-34982 of 2011)
1. Leave granted.
2. The appeal is directed against the judgment and order passed by the High Court of Judicature at Allahabad, in Writ C- No. 66643 of 2010 and Writ C No. 57238 of 2010. 4
3. The High Court while granting several reliefs to the writ petitioners had also observed that the petitioners are required to be heard in the matter and therefore, had permitted the petitioners to file their objections, if any, under Section 5-A of the Land Acquisition Act, 1894 (for short, "the Act"). However, the High Court had thought it fit not to quash the declaration made under Section 6 of the Act.
4. Several contentions are raised by the learned counsel for the appellants before us. In our view all these contentions can be taken up by the appellants when they file their objections under Section 5-A of the Act. Therefore, we are not noticing or considering those contentions which are canvassed before us by learned counsel for the appellants. 5
5. This Court while entertaining the special leave petitions, had granted an order of status quo in favour of the appellants and the said order is still operating against the respondents.
6. In view of the above, we dispose of these appeals. We grant four weeks' time to the appellants to file their objections under Section 5-A of the Act before the competent authorities. If such objections are filed within the time granted by this Court, we direct the authorities to consider the same in accordance with law and pass an appropriate speaking order.
7. We also reserve liberty to the appellants to raise all such contentions which are available to them, including the contentions 6 raised in these appeals and argued before us at the time of hearing of these appeals.
8. The status quo order granted by us will operate against the respondents till a decision is taken by the respondents on the objections that may be filed by the appellants under Section 5-A of the Act.
9. We may note that, if for any reason, the appellants are of the view that since the High Court had granted them liberty to file their objections under Section 5-A of the Act, the High Court ought to have quashed Section 6 notification. If that is so, we reserve liberty to the appellants to file appropriate review petition(s) before the High Court itself. 7
10. If for any reason, the appellants fail before the High Court in the Review Petition, they are at liberty to move this Court once again, challenging the order passed in the Review Petition as well as the order impugned in the present appeals.
11. All the contentions of both the parties are kept open to be agitated before the High Court.
In Rest of the matters
1. Leave granted.
2. All the civil appeals are disposed of in the same terms, observations and directions as in civil appeals arising out of SLP(C) Nos. 34981-34982 of 2011.
8CONTEMPT PETITION (C) NO. 534 OF 2014 IN SPECIAL LEAVE PETITION (C) NOS.17068-17071 OF 2012 The contempt petition is disposed of in view of the order passed in the civil appeals arising out of SLP(C) Nos. 34981-34982 of 2011, and connected matters.
...................CJI.
[ H.L. DATTU ] ....................J. [ ARUN MISHRA ] NEW DELHI, APRIL 09, 2015.
1
ITEM NO.1 COURT NO.1 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (C) Nos. 34981-34982/2011 (Arising out of impugned final judgment and order dated 19/08/2011 in WC No. 66643/2010 and WC No. 57238/2010 passed by the High Court Of Judicature at Allahabad) BIJENDRA SINGH & ANR Petitioner(s) VERSUS STATE OF U.P.& ORS.ETC. Respondent(s) (With interim relief and office report) WITH SLP(C) No. 4554/2012 (With Interim Relief and Office Report) SLP(C) No. 6816-6817/2012 (With Office Report) SLP(C) No. 7252-7254/2012 (With appln.(s) for deletion of the name of respondent and appln.(s) for exemption from filing O.T. and appln.(s) for substitution for bringing on record Lrs. of deceased petitioner and Office Report) SLP(C) No. 8170/2012 (With Office Report) SLP(C) No. 8173/2012 (With Office Report) SLP(C) No. 8174/2012 (With Office Report) SLP(C) No. 8175/2012 (With Office Report) SLP(C) No. 9649/2012 (With Office Report) SLP(C) No. 9661/2012 (With Office Report) 2 SLP(C) No. 9662/2012 (With Office Report) SLP(C) No. 9666/2012 (With Office Report) SLP(C) No. 17068-17071/2012 (With Office Report) SLP(C) No. 24463-24466/2012 (With Office Report) SLP(C) No. 997/2014 (With Office Report) SLP(C) No. 4636/2015 (With appln.(s) for c/delay in filing substitution appln. and appln.(s) for permission to file SLP and appln.(s) for condonation of delay in filing appeal. and appln.(s) for exemption from filing O.T. and Office Report) CONMT.PET.(C) No. 534/2014 In SLP(C) No. 17068-17071/2012 (With appln.(s) for exemption from filing O.T. and Office Report) SLP(C) No. 18080/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 6557/2015 (With appln.(s) for c/delay in filing SLP and Office Report) Date : 09/04/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. P.N. Mishra, Sr. Adv.
Mr. Vishwajit Singh, Adv. Mr. Abhindra Maheshwari, Adv. Mr. Pankaj singh, Adv. Mr. Abhimanyu Singh, Adv. Ms. Veera Kaul Singh,Adv.3
Mr. S.R. Singh, Sr. Adv. Ms. Kiran Suri, Sr. Adv. Ms. Apurva Upmanyu, Adv. Mr. Dipak K Nag, Adv.
Ms. Vijay Laxmi, Adv.
Mr. Parmanand Gaur,Adv.
Mr. S.R. Singh, Sr. Adv. Mr. Avnish Singh, Adv. Mr. Ankur Yadav, Adv.
Ms. Asha Gopalan Nair,Adv.
Mr. Sudhir Kulshreshtha,Adv. Mr. Sameer Kulshreshtha, Adv. Ms. Sushma Singh, Adv.
Mr. Satpal Singh,Adv.
Dr. B.K. Jauhari, Adv. Ms. Purnima Jauhari, Adv. Mr. Mahender Kumar, Adv. Mr. Prakash Kumar Singh,Adv.
Mr. Shakti Singh Dhakray, Adv. Mr. B.P. Singh Dhakray, Adv. Dr. Kailash Chand,Adv.
For Respondent(s) Mr. Ranjit Kumar, S.G. Ms. Reena Singh, AAG (UP) Mr. Irshad Ahmad, Adv. Mr. Abhisth Kumar,Adv. Mr. Som Raj Choudhury, Adv.
Mr. Parag Tripathi, Sr. Adv. Mr. K.K. Rai, Sr. Adv.
Mr. Krishnanand Pandeya,Adv. Mr. Amendra Kr. Choubey, Adv. Ms. Mahima Gupta, Adv.
Mr. Sarvesh Singh Baghel,Adv.
Mr. Devesh Kumar,Adv.
Mr. Sunil Kumar Jain,Adv. Mr. Pawanshree Agarwal, Adv. Mr. Kaushik Chaudhury, Adv.4
Mr. M.R. Shamshad, Adv. Mr. Rajat Singh, Adv.
Mr. Ahmad S Azhar, Adv. Mr. Shashank Singh, Adv.
Mr. Vivek Tankha, Sr. Adv. Mr. V.Giri, Sr. Adv.
Mr. Prashant Kumar, Adv. Mr. Saurabh S. Sinha, Adv. Mr. Joseph Pookkatt, Adv. for M/s. A.P. & J Chambers, Advs.
UPON hearing the counsel the Court made the following O R D E R SLP(C) Nos. 24463-24466 of 2012 The matter was called twice.
None appears for the petitioners.
Adjourned to next week.
In rest of the matters Delay, in filing application(s) for substitution, if any, is condoned.
Application(s) for substitution, if any, is allowed.
Delay, in filing the special leave petitions, if any, is condoned.
Leave granted.
The appeals are disposed of in terms of the signed order.
The contempt petition is disposed of in view of the order passed in the appeals.
[ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar [ Signed order is placed on the file ]