Supreme Court - Daily Orders
Delhi Development Authority vs Balraj on 17 May, 2022
Author: A.M. Khanwilkar
Bench: A.M. Khanwilkar
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising out of SLP(C) No. of 2022)
[Diary No. 5546 of 2022]
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
BALRAJ & ORS. RESPONDENT(S)
O R D E R
Despite service, no appearance has been entered on behalf of the private respondents.
Delay condoned.
Leave granted.
This appeal takes exception to the judgment and order dated 04.12.2017 passed by the High Court of Delhi at New Delhi in WP(C) No. 12173 of 2015, whereby the High Court has declared that the acquisition proceedings in respect of subject land had lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency Signature Not Verified in Land Acquisition, Rehabilitation and Digitally signed by DEEPAK SINGH Resettlement Act, 2013 (for short, ‘the 2013 Act’). Date: 2022.05.21 13:15:21 IST Reason:
The short question involved in this appeal is: 2
whether the declaration given by the High Court of lapsing of acquisition concerning the subject land can be sustained despite the factual position emerging from the record that possession of the land had been taken over by the competent authority on 25.01.2000 and 27.05.2003 respectively?
That being undisputed fact, the question of giving any relief to the respondent(s)-writ petitioner(s) would not arise in light of the exposition of the Constitution Bench in Indore Development Authority vs. Manoharlal & Ors., reported in (2020) 8 SCC 129. Hence, the impugned judgment(s) and order(s) are set aside and the appeal is allowed.
Consequently, the writ petition(s) filed by the private respondent(s) before the High Court stands dismissed.
Pending application(s) shall stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (J.B. PARDIWALA) New Delhi May 17, 2022 3 ITEM NO.34 COURT NO.3 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). 5546/2022 (Arising out of impugned final judgment and order dated 04-12-2017 in WPC No. 12173/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS BALRAJ & ORS. Respondent(s) (IA No. 39301/2022 - CONDONATION OF DELAY IN FILING IA No. 39312/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 17-05-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Nitin Mishra, AOR For Respondent(s) Ms. Sujeet Srivastava, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (PREETHI T.C.) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file] 4