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Delhi Development Authority vs Rita Gupta on 3 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.       OF 2021
                                (Arising out of SLP(C)No.______of 2021)
                                        [Diary No. 14722 of 2021]


     DELHI DEVELOPMENT AUTHORITY                                                Petitioner(s)

                                                         VERSUS

     RITA GUPTA & ORS.                                                          Respondent(s)




                                                   O R D E R

Delay condoned.

Leave granted.

This appeal takes exception to the judgment and order dated 02-08-2016 passed by the High Court of Delhi at New Delhi in WPC No. 12045/2015, whereby the writ petition filed by the respondent(s) came to be allowed and the Court declared the acquisition proceedings concerning the subject land had lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the 2013 Act’).

Digitally signed by NEETU KHAJURIA Date: 2021.12.07 18:45:10 IST

The judgment is founded on the decision of this Reason: Court which had been subsequently reversed by the Constitution Bench in the case of Indore Development  2 Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC

129. The appellant would contend that the private respondent has had no locus to seek relief of lapsing. That is a matter which can be considered by the High Court appropriately, including the fact as to whether the compensation amount was offered and fulfilled the requirements specified by the Constitution Bench of this Court as substantial compliance.

As noted above, since the High Court has decided the writ petition relying on the decision of this Court which has been subsequently overruled, it would be appropriate to set aside the impugned judgment and relegate the parties before the High Court to examine all aspects of the matter including in light of the exposition of the Constitution Bench of this Court referred to earlier. We order accordingly.

All contentions available to both parties are left open, to be considered by the High Court on its own merits in accordance with law in the remanded writ petition.

The parties to appear before the High Court on 11.01.2022.

The High Court may set down the matter for hearing as per its convenience. However, we request the High Court to expeditiously dispose of the writ petition. The parties to maintain status quo with regard to the suit property until further orders to be passed by the High Court in the remanded matter. The appeal(s) and pending application(s) stand disposed of in the above terms.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

December 03, 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). 14722/2021 (Arising out of impugned final judgment and order dated 02-08-2016 in WPC No. 12045/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS RITA GUPTA & ORS. Respondent(s) IA No. 75501/2021 - CONDONATION OF DELAY IN FILING IA No. 75502/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 03-12-2021 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Anshay Dhatwalia, Adv.

Mr. Vishnu Mohan Nair, Adv. Ms. Kumud Nijhawan, Adv. Mr. Ashwani Kumar, AOR For Respondent(s) Mr. Dhruv Mehta, Sr. Adv.

Mr. Jayant K. Sud, Adv.

Mr. Rupesh Kumar, Adv.

Mr. Digvijay Dam, Adv.

Mr. Udai Khanna, Adv.

Mr. Mayank Pandey, Adv. Mr. Amrish Kumar Sharma, AOR Mr. Mansoor Ali, AOR Mr. Z.K. Faizan, Adv.

Mr. Bilal Mansoor, Adv.

UPON hearing the counsel the Court made the following O R D E R  5 Delay condoned.

Leave granted.

The appeal is disposed of in terms of the signed order.

Pending applications, if any, stand disposed of.

(DEEPAK SINGH)                                  (VIDYA NEGI)
COURT MASTER (SH)                              COURT MASTER (NSH)

[Signed order is placed on the file]