Delhi High Court - Orders
Uday Punj vs Delhi Devlopment Authority & Anr on 20 September, 2023
Author: Rekha Palli
Bench: Rekha Palli
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 244/2020, I.A. 7628/2020 -O-39, R-1&2., I.A. 7630/2020 -
Ex. (advance service)., I.A. 1935/2021 -O-8, R-10., I.A. 5767/2021 -
Delay 36 days (Replication)., I.A. 5768/2021 -Delay 34 days in Re-
filing I.A. 5767/2021.,
UDAY PUNJ ..... Plaintiff
Through: Mr.Ravinder Sethi, Sr.Adv. with
Ms.Anju Bhattacharya, Mr.Puneet Sharma,
Ms.Suriti, Mr.Vinod Fulava, Advs.
versus
DELHI DEVLOPMENT AUTHORITY & ANR. ..... Defendant
Through: Ms.Manika Tripathy, SC with
Ms.Aastha Agnihotri, Adv for DDA.
Mr.Siddharth Panda, Adv for D-2.
SI Mohinder, PS. V.K South
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 20.09.2023 I.A. 11762/2022 -O-12, R-6, I.A. 13966/2022 -O-12, R-6.
1. These are applications filed by the plaintiff under Order XII Rule 6 CPC.
2. Learned senior counsel for the plaintiff vehemently contends that once the acquisition of the suit land by the defendants stands lapsed pursuant to the order passed in W.P.(C)6390/2014 by the Division Bench on 23.02.2015, which order was unsuccessfully assailed by the defendants not only by way of a special leave petition but also subsequently by way of a review petition as also a miscellaneous application, the plaintiff is forthwith entitled to decree against the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2023 at 23:35:53 defendants. Furthermore even the SLP filed by the Land and Development Office against the order dated 23.02.2015 stands dismissed on merits by the Apex Court after leave was granted in the petition.
3. By placing reliance on the decision in Vaijinath & Ors. v. Afsar Begum & Ors. [(2020) 15 SCC 128], he submits that once an order passed by a competent court has attained finality, the same operates as res judicata. He, therefore, contends that the order dated 23.02.2015 passed by the Division Bench has attained finality, the defendants cannot now take the plea that since issues similar to those raised in W.P.(C)6390/2014 are pending consideration before the Apex Court in Government of NCT of Delhi & Anr. v. M/s BSK Realtors LLP & Anr.[SLP(Civil) Diary No.17623/2021], the defendants will not be bound by the decision dated 23.02.2015, which has attained finality.
4. In response, learned counsel for the defendants by placing reliance on the decision of M/s BSK Realtors LLP & Anr.(supra) seeks to contend that now that the issue based on which the decision of the Division Bench on 23.02.2015 in W.P.(C)6390/2014 was passed is under reconsideration by the Apex Court, the plaintiff would not be entitled to any decree at this stage. She, however, prays for time to make further submissions and cite case law.
5. List on 09.10.2023.
REKHA PALLI, J SEPTEMBER 20, 2023 sr This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2023 at 23:35:53