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Govt. Of Nct Of Delhi vs Rajesh Wadhwa on 6 April, 2023

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

     ITEM NO.4                             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). 20979/2022

     (Arising out of impugned final judgment and order dated 07-07-2015
     in WP(C) No. 2473/2015 passed by the High Court Of Delhi at New
     Delhi)

     GOVT. OF NCT OF DELHI                                             Petitioner(s)
                                                    VERSUS

     RAJESH WADHWA & ORS.                                              Respondent(s)

     ( IA No.61481/2023-CONDONATION OF DELAY IN FILING and IA
     No.61482/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.61483/2023-EXEMPTION FROM FILING O.T. and IA
     No.61484/2023-CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS )

     Date : 06-04-2023 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)                Mr. Atul Kumar, AOR
                                      Ms. Sweety Singh, Adv.
                                      Ms. Archana Kumari, Adv.
                                      Mr. Rajiv Ranjan, Adv.
     For Respondent(s)

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

Delay in refiling is condoned.

Learned counsel appearing on behalf of the petitioner has vehemently submitted that in the present case, the possession of disputed land could not be taken due to stay/pending litigation. Therefore, in view of the decision of the Constitution Bench of this Court Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129, there shall not be any deemed lapse under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

11:41:35 IST Issue notice on the application(s) for condonation of delay as Reason: well as on the Special Leave Petition, making it returnable on 01.05.2023.

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