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Supreme Court - Daily Orders

Govt. Of Nct Of Delhi vs Bhag Rati on 24 April, 2023

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

     ITEM NO.6                             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). 29678/2022

     (Arising out of impugned final judgment and order dated 22-03-2016
     in WPC No. 8689/2015 passed by the High Court Of Delhi At New
     Delhi)

     GOVT. OF NCT OF DELHI & ANR.                                      Petitioner(s)

                                                   VERSUS

     BHAG RATI & ANR.                                                  Respondent(s)

     ( IA No.69638/2023-CONDONATION OF DELAY IN FILING and IA
     No.69640/2023-EXEMPTION FROM FILING O.T. and IA No.69641/2023-
     CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS )

     Date : 24-04-2023 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) d Mr. Atul Kumar, AOR
                        Ms. Sweety Singh, Adv.
                        Ms. Archana Kumari, Adv.
                        Mr. Rahul Pandey, Adv.


     For Respondent(s)


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

Delay in refiling is condoned.

It is the case on behalf of the petitioner(s) that in the present case, the possession of land in question was taken over on 21.3.2007. However, despite the same and relying upon the decision of this Court in the case of Pune Municipal Corporation & Anr. Vs. Signature Not Verified Digitally signed by RASHMI DHYANI Date: 2023.04.27 Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183, the judgment 16:55:25 IST Reason:

1
which has been subsequently overruled by the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129, the High Court has declared that the acquisition with respect to land in question is deemed to have lapsed under Section 24(2) of the 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 the special leave petition, making it returnable on 28.8.2023.

(RASHMI DHYANI PANT) (NISHA TRIPATHI) COURT MASTER ASSISTANT REGISTRAR 2