Supreme Court - Daily Orders
Govt. Of Nct Of Delhi vs Kalu Ram on 13 December, 2021
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7676 OF 2021
Arising out of SLP(C) No.20590/2021
(Arising out of Diary No(s). 29074/2020)
GOVT. OF NCT OF DELHI & ANR. APPELLANT(S)
VERSUS
KALU RAM & ANR. RESPONDENT(S)
WITH
CIVIL APPEAL NO. OF 2021
(Arising out of SLP(C) No.28209/2018)
O R D E R
Delay condoned.
Leave granted.
These appeals take exception to the judgment and order dated 04.12.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.12133 of 2015, whereby the High Court declared that the acquisition proceedings in respect of subject land had lapsed in light of Section 24(2) of the Right to Fair Compensation and Transparency in Land Signature Not VerifiedAcquisition, Rehabilitation and Resettlement Act, Digitally signed by NEETU KHAJURIA Date: 2021.12.14 20:15:34 IST Reason: 2013 (for short, ‘the 2013 Act’).
The High Court noticed that possession of land 2 has already been taken over by the Government. However, the High Court decided the writ petition on the basis of decisions of this Court which now stand overruled.
Considering the fact that possession was already taken over by the Government on 25.01.2000 and handed over to the Delhi Development Authority on the spot, the title had vested in the State Government. In such a case, the question of declaring acquisition proceedings having lapsed would not arise as expounded by the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal & Ors., reported in (2020) 8 SCC 129.
Accordingly, these appeals succeed. The impugned judgment and order is set aside. The writ petition filed by the private respondents before the High Court stands dismissed. No order as to costs.
Pending applications shall stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI;
DECEMBER 13, 2021.
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ITEM NO.35 Court 3 (Video Conferencing) 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). 29074/2020 (Arising out of impugned final judgment and order dated 04-12-2017 in WP(C) No. 12133/2015 passed by the High Court Of Delhi At New Delhi) GOVT. OF NCT OF DELHI & ANR. Petitioner(s) VERSUS KALU RAM & ANR. Respondent(s) IA No. 16872/2021 - CONDONATION OF DELAY IN FILING) SLP(C) No.28209/2018 Date : 13-12-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Parties Ms. Astha Tyagi, AOR Mr. Dinesh Chander Trehan, Adv. Mr. Vyom Chaturvedi, Adv.
Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv. Ms. Kumud Nijhawan, Adv.
UPON hearing the counsel the Court made the following O R D E R Special leave petition (C) No.28209/2018 is taken on board.
Delay condoned.
Leave granted.
The appeals are allowed in terms of the signed order.
Pending applications shall stand disposed of.
(NEETU KHAJURIA) (VIDYA NEGI)
COURT MASTER COURT MASTER