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Supreme Court - Daily Orders

Delhi Development Authority vs Luv Malhotra on 8 May, 2023

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

     ITEM NO.9                                      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). 13554/2023
     (Arising out of impugned final judgment and order dated 27-01-2015
     in WPC No. 8617/2014 passed by the High Court Of Delhi At New
     Delhi)

     DELHI DEVELOPMENT AUTHORITY                                                      Petitioner(s)
                                                             VERSUS

     LUV MALHOTRA & ORS.                                                              Respondent(s)

     (FOR ADMISSION and I.R. and IA No.86009/2023-CONDONATION OF DELAY
     IN FILING and IA No.86008/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.86011/2023-EXEMPTION FROM FILING O.T.
     and IA No.86010/2023-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES )

     Date : 08-05-2023 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. Nishit Agrawal, AOR
                                          Ms. Kanishka Mittal, Adv.
                                          Ms. Vanya Agrawal, 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(s) that in the present case, the possession of land in question could not be taken due to stay. However, thereafter relying upon the decision of this Court in the case of Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183, the High Court has declared that the acquisition with respect to land in question is deemed to have lapsed as the compensation has not been tendered/paid, which is just contrary to the decision of the Constitution Bench of this Court Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129.

Issue notice on the application for condonation of delay as Signature Not Verified well as on the Special Leave Petition, making it returnable on Digitally signed by Neetu Sachdeva Date: 2023.05.09 11.09.2023.

16:17:42 IST Reason:

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