Supreme Court - Daily Orders
Delhi Development Authority vs Vinod Kumar Sachdeva on 6 May, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).3687 OF 2022
(Arising from SLP(C) NO.8665 of 2022)
(Diary No. 27810/2021)
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
VINOD KUMAR SACHDEVA & ORS. RESPONDENT(S)
O R D E R
Delay condoned.
Leave granted.
This appeal takes exception to the judgment and order dated 23.01.2018 passed by the High Court of Delhi at New Delhi in Writ Petition(C) No. 5802/2016, whereby the High Court allowed the writ petition filed by the respondent(s) and declared that the acquisition proceedings in respect of the subject land had lapsed in terms of Section 24(2) of the Right Signature Not Verified Digitally signed by NEETU KHAJURIA to Fair Compensation and Transparency in Land Date: 2022.05.10 17:25:04 IST Reason: Acquisition, Rehabilitation and Resettlement Act, 2013 (for Short, "2013 Act"). 2 The appellant(s) have relied on the pleadings filed before the High Court and would urge that the possession of the subject land could not be taken because of stay granted by the High Court during the relevant period. Besides, the appellants had deposited the compensation amount, which also is substantial compliance under the statute.
According to the appellant(s) the High Court decided the matter on the basis of the decision of this Court which was in vogue and binding, which decision, however, has been subsequently overruled by the Constitution Bench in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC
129. According to the appellant the parameters specified by the Constitution Bench squarely apply to the fact situation of the present case and for which reason the writ petition filed by the respondent(s) for declaration of lapsing of acquisition ought to be dismissed.
As noted above, since the High Court has 3 decided the writ petition relying on the decision of this Court which has been subsequently overruled, we are inclined to allow this appeal and relegate the parties before the High Court by restoring the writ petition to the file of the High Court to its original number so that it can be decided by the High Court afresh on its own merits keeping in mind the exposition of the Constitution Bench, referred to above.
Accordingly, the appeal is allowed. The impugned judgment and order is set aside. The writ petition filed by the respondent(s) being Writ Petition (C) No.5802/2016, stand restored to the file of the High Court to its original number for being decided afresh in light of this decision.
All contentions available to both parties are left open.
This restored writ petition be heard along with W.P.(C) No. 1460 of 2016 as it pertains to the same village, notification and award.
Learned counsel for the respondents 4 submits that the W.P.(C) No. 1460 of 2016 and connected cases are listed on 10.05.2022 before the High Court.
It will be open to the parties to request the High Court to take up the remanded writ petition on 10.05.2022 along with the connected cases in terms of this order.
We request the High Court to expeditiously dispose of the writ petition(s).
....................,J.
(A.M. KHANWILKAR) ....................,J.
(ABHAY S. OKA) NEW DELHI MAY 06, 2022.
5
ITEM NO.42 COURT NO.3 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). 27810/2021 (Arising out of impugned final judgment and order dated 23-01-2018 in WPC No. 5802/2016 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS VINOD KUMAR SACHDEVA & ORS. Respondent(s) IA No. 153301/2021 - CONDONATION OF DELAY IN FILING IA No. 153302/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 06-05-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Ashwani Kumar, AOR Ms. Kumud Dhatwalia, Adv. Mr. Anshay Dhatwalia, Adv. For Respondent(s) Mr. S. K. Rout, Adv.
Ms. Priyanka Gogoi, Adv. Mr. Prithvi Pal, AOR Ms. Sujeeta Srivastava, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed order.6
Pending applications shall stand disposed of.
(NEETU KHAJURIA) (VIDYA NEGI) COURT MASTER COURT MASTER
(Signed order is placed on the file.)