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Delhi Development Authority vs Jai Singh on 27 February, 2023

Bench: M.R. Shah, C.T. Ravikumar

     ITEM NO.7                            COURT NO.4                  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). 3365/2023
     (Arising out of impugned final judgment and order dated 31-10-2017
     in WP(C) No. 12002/2015 passed by the High Court Of Delhi at New
     Delhi)

     DELHI DEVELOPMENT AUTHORITY                                        Petitioner(s)
                                                   VERSUS
     JAI SINGH & ORS.                                                   Respondent(s)

     (FOR ADMISSION and I.R. and IA No.37635/2023-CONDONATION OF DELAY
     IN FILING and IA No.37636/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT )

     Date : 27-02-2023 This petition was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE M.R. SHAH
                            HON'BLE MR. JUSTICE C.T. RAVIKUMAR

     For Petitioner(s)                Ms. Manika Tripathy, AOR
                                      Mr. Manish Vasisht, Adv.
                                      Mr. Ashutosh Kaushik, Adv.
     For Respondent(s)

                             UPON hearing the counsel the Court made the following
                                                O R D E R

Learned counsel appearing on behalf of the petitioner has submitted that in the present case, though the possession of the land in question was already taken over on 05.09.2005, the Hon’ble High Court relying upon the decision of this Court in the case of Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183 has allowed the writ petition and declared that the acquisition with respect to the land in question is deemed to have lapsed. It is submitted that the view taken by the High Court is just contrary to the decision of the Constitution Bench of this Court Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129 by which even the relied upon decision in the case of Pune Municipal Corporation (supra) has been over-ruled by this Court.

16:11:43 IST Issue notice on the application for condonation of delay as Reason: well as on the Special Leave Petition, making it returnable on 14.04.2023.

contd..

 - 2 -

Dasti service, in addition, is permitted. The respondents be served within a period of ten days from today.

(NEETU SACHDEVA)                               (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                      ASSISTANT REGISTRAR