Supreme Court - Daily Orders
North Delhi Municipal Corporation vs Methodist Churches In India on 26 April, 2019
Bench: L. Nageswara Rao, M.R. Shah
1
ITEM NO.12 COURT NO.13 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). 9860/2019
(Arising out of impugned final judgment and order dated 10-09-
2018 in CM No. 36785/2018 12-03-2019 in CM No. 11608/2019 passed
by the High Court Of Delhi At New Delhi)
NORTH DELHI MUNICIPAL CORPORATION Petitioner(s)
VERSUS
METHODIST CHURCHES IN INDIA & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.58220/2019-CONDONATION OF
DELAY IN FILING and IA No.58223/2019-EXEMPTION FROM FILING C/C
OF THE IMPUGNED JUDGMENT )
Date : 26-04-2019 These petitions were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s) Mr. H.S. Phoolka, Sr. Adv.
Ms. Mini Pushkarna, Adv.
Mr. Praveen Swarup, AOR
For Respondent(s) Mr. G. Sarin, Adv.
Mr. S.K. Rout, Adv.
Mr. Prithvi Pal, AOR
Mr. Harish Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
The Land Acquisition Collector assessed the market value of Signature Not Verified the Digitally signed by land admeasuring 6376.21 belonging to the petitioner VISHAL ANAND Date: 2019.05.01 14:19:59 IST @ Rs.27,300/ per sq. meter. Reason:
By an Award dated 06th January, 2014, compensation was 2 enhanced to Rs.2,00,000/ per sq. meter in the reference petition filed under Section 18 of the Land Acquisition Act. In the appeal filed by the Union of India against the judgment of the Reference Court, the High Court stayed the judgment of the Reference Court subject to the Union of India depositing the decretal amount with the Registrar General of the High Court within a period of 12 weeks from the date of the order dated 7th November, 2014. As the decretal amount was not deposited, the first respondent filed an Execution Petition. The objections filed by the petitioner were dismissed by the Executing Court. By another order dated 01 st February, 2019, the Executing Court directed the petitioner to deposit the amount awarded by the Reference Court within a period of one week.
The petitioner approached the High Court seeking modification of the Order dated 07th November, 2014 by which the petitioner was directed to deposit the decretal amount with the Registrar General of the High Court. The said application was dismissed by the High Court finding no ground for variation of the order passed on 07 th November, 2014. The order passed on 10th September, 2018 by the High Court on an application for clarification of the order dated 01 st February, 2016 filed by the first respondent was also referred to by the High Court in the impugned order to hold that no variation of the said order was required.3
The learned counsel for the petitioner relied upon an Order dated 06th May, 2016 passed by this Court in SLP (Civil) No.13879 of 2016 (@ SLP (Civil) ....CC No.8341/2016), staying the operation of the implementation of order of the High Court whereby the entire amount of compensation awarded to the respondents was directed to be deposited. Mr. H.S. Phoolka, learned senior counsel for the petitioner submits that this case is similar to SLP (Civil) No.13879 of 2016. After considering the submissions made on behalf of the parties and perusing the material on record, we are of the opinion that 25% of the decretal amount shall be deposited by the petitioner with the Registrar General of the High Court of Delhi at New Delhi within six weeks from today which can be withdrawn by the respondents on furnishing appropriate security.
The above order shall operate during the pendency of the land acquisition appeal before the High Court. The Special Leave Petitions are disposed of. Pending application(s), if any, also stand disposed of.
(GEETA AHUJA) (KAILASH CHANDER) COURT MASTER (SH) ASSISTANT REGISTRAR