Supreme Court - Daily Orders
Greater Noida Industrial Development ... vs M/S Rajhans Infratech Pvt. Ltd. on 21 March, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising from SLP(C) No. 20096 of 2021)
GREATER NOIDA INDUSTRIAL
DEVELOPMENT AUTHORITY & ANR. Appellant(s)
VERSUS
M/S RAJHANS INFRATECH PVT. LTD. & ANR. Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 17-03-2021 passed by the High Court of Judicature at Allahabad in WC No. 12462/2020, whereby the High Court allowed the writ petition and was pleased to set aside the order dated 09.07.2020 passed by the Competent Authority; and further directed the Competent Authority to consider the case of the writ-petitioner(s) for grant of benefit of zero period with effect from 27.04.2010 to 15.05.2015 expeditiously.
The grievance of the appellant(s) before this Court is that the High Court has not examined the efficacy of relevant documents, including the revised possession Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2022.03.23 17:02:15 IST Reason: certificate dated 01.07.2013.
Further, the observation made by the High Court 2 leaves no option to the Competent Authority to examine all aspects of the matter afresh on facts and in law. We find substance in this grievance.
Accordingly, while retaining the order of remand passed by the High Court, we make it clear that the Competent Authority will be free to decide all aspects of the matter in accordance with law.
It will be open to the respondent/writ-petitioner to file a fresh representation setting forth point-wise grievances on which the respondent would like to place reliance in support of the argument as was canvassed before the High Court as well as this Court. The Competent Authority shall deal with each point raised by the respondent/writ-petitioner in the fresh representation, which be regarded as in continuation of the earlier representation ordered to be reconsidered by the Competent Authority vide impugned order of the High Court.
In addition, if the Competent Authority, while dealing with the remanded matter, is of the opinion that some more material is available on record to answer the matters in issue, will be free to rely on the same. 3 However, for that prior opportunity must be given to the respondent so as to enable it to file response in connection with the said material, if any.
In other words, the Competent Authority shall deal with the matter afresh de novo in accordance with law.
The respondent may file further representation in terms of this order within two weeks from today.
The Competent Authority shall give opportunity of personal hearing to the respondent before taking a final decision and, as aforesaid, if the Competent Authority intends to rely on any specific material, the list of those documents and the compilation of those documents be made over to the respondent well before the date of personal hearing.
The appeal is disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(ABHAY S. OKA) NEW DELHI;
MARCH 21, 2022.
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ITEM NO.6 Court 3 (Video Conferencing) SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 20096/2021
(Arising out of impugned final judgment and order dated 17-03-2021 in WC No. 12462/2020 passed by the High Court Of Judicature At Allahabad) GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR.Petitioner(s) VERSUS M/S RAJHANS INFRATECH PVT. LTD. & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.159163/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.159162/2021-EXEMPTION FROM FILING O.T. ) Date : 21-03-2022 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Ravindra Kumar, Sr. Adv. Mr. Binay Kumar Das, AOR For Respondent(s) Ms. Meenakshi Arora, Sr. Adv. Mr. S. S. Jauhar, AOR UPON hearing the counsel the Court made the following O R D E R 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]