Supreme Court - Daily Orders
Government Of National Capital ... vs Suresh Kumar on 22 July, 2022
Bench: M.R. Shah, B.V. Nagarathna
1
ITEM NO.7 COURT NO.11 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). 3101/2022
(Arising out of impugned final judgment and order dated 02-08-2016
in WP(C) No. 12063/2015 passed by the High Court Of Delhi At New
Delhi)
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI Petitioner(s)
VERSUS
SURESH KUMAR & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.86213/2022-CONDONATION OF DELAY
IN FILING and IA No.86214/2022-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.86215/2022-EXEMPTION FROM FILING O.T.)
Date : 22-07-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. Chandra Prakash, AOR
Mr. C.P. Rajwar Adv.
Mr. Vivek Singh, Adv.
Mr. Abhishek Chaterjee Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel appearing on behalf of the petitioner has drawn our attention to the counter affidavit on behalf of Respondent No.4 filed before the High Court (para 5) and submitted that the possession of the disputed land in question was already taken over in the year 2004/2006 and handed over to the requisition agency. It is submitted that, while passing the impugned judgment Signature Not Verified and order, the High Court has heavily relied upon the decision of Digitally signed by R Natarajan Date: 2022.07.22 16:53:09 IST Reason: this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183. 2 However, the said decision has been subsequently overruled by the Constitution Bench decision of this Court in the case of Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129. Issue notice on the application for condonation of delay as well as on the Special Leave Petition making it returnable on 06.09.2022.
Dasti service, in addition, is permitted.
The respondent(s) be served within a period of one week from today.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR