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Supreme Court - Daily Orders

Government Of Nct Of Delhi vs Asha Ram Tyagi on 17 March, 2023

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

                                                                1

     ITEM NO.16                                       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). 5017/2023

     (Arising out of impugned final judgment and order dated 23-11-2015
     in WPC No. 4989/2015 passed by the High Court Of Delhi At New
     Delhi)

     GOVERNMENT OF NCT OF DELHI                                                    Petitioner(s)

                                                             VERSUS

     ASHA RAM TYAGI & ORS.                                                         Respondent(s)

     (FOR ADMISSION and I.R. and IA No.46983/2023-CONDONATION OF DELAY
     IN FILING and IA No.46984/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.46986/2023-EXEMPTION FROM FILING O.T.)

     Date : 17-03-2023 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. Chandra Prakash, AOR
                                            Mr. Cp Rajwar, Adv.
                                            Mr. Vivek Singh,, Adv.
                                            Ms. Somi Sharma, Adv.
     For Respondent(s)

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

It is the case on behalf of the petitioner that, in the present case, the possession of the land in question has already been taken over in 31.12.2002.

However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in Signature Not Verified (2014) 3 SCC 183, the High Court has allowed the writ petition and Digitally signed by R Natarajan Date: 2023.03.21 16:55:54 IST Reason: has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the 2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition, for final disposal returnable on 24.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today.

(R. NATARAJAN)                                         (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                                ASSISTANT REGISTRAR