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[Cites 2, Cited by 0]

Supreme Court - Daily Orders

Delhi Development Authority vs Nirlep Kaur on 30 January, 2023

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

                                         IN THE SUPREME COURT OF INDIA
                                        CIVIL APPELLATE JURISDICTION

                                      CIVIL APPEAL NO.        OF 2023
                             (@ Special Leave Petition (C) No.        of 2023)
                                           (@ Diary No.6542/2018)

                      DELHI DEVELOPMENT AUTHORITY                        ...APPELLANT

                                                      VERSUS
                      NIRLEP KAUR & ORS.                                 ….RESPONDENTS

                                                        WITH

                                      CIVIL APPEAL NO.        OF 2023
                             (@ Special Leave Petition (C) No.        of 2023)
                                           (@ Diary No.6532/2018)

                                                      AND

                                      CIVIL APPEAL NO.        OF 2023
                             (@ Special Leave Petition (C) No.        of 2023)
                                          (@ Diary No. 6535/2018)

                                      CIVIL APPEAL NO.        OF 2023
                             (@ Special Leave Petition (C) No.        of 2023)
                                          (@ Diary No.6537 /2018)

                                      CIVIL APPEAL NO.        OF 2023
                             (@ Special Leave Petition (C) No.        of 2023)
                                           (@ Diary No.6539/2018)

                                      CIVIL APPEAL NO.        OF 2023
                             (@ Special Leave Petition (C) No.        of 2023)
                                          (@ Diary No.28827/2021)

                                      CIVIL APPEAL NO.        OF 2023
                             (@ Special Leave Petition (C) No.        of 2023)
                                          (@ Diary No.11491/2022)

                                                      O R D E R

There shall be a formal notice to the respondents in D. Nos. 6542, 6532, 6535, 6537 and 6539 of 2018 on the application(s) for condonation of delay as well as on the Signature Not Verified Special Leave Petitions.

Digitally signed by

Neetu Sachdeva Date: 2023.02.03 10:08:24 IST Reason: Learned counsel appearing on behalf of the respective private respondents/original writ petitioners contd..

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accept notice on their behalf.

As the issue involved in the present Special Leave Petitions is covered by the decision of this Court in Civil Appeal No.4885/2022 (@ D.No. 21515/2019) which is connected matter, with the consent of learned counsel appearing on behalf of the respective parties, all these matters are heard, decided and disposed of by this common order.

Delay condoned.

Leave granted in all the matters. By the impugned judgment and order(s), the High Court has allowed the respective writ petitions and has declared that the acquisition with respect to the 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.

It is the common case on behalf of the respective parties that with respect to the very acquisition and the similar order(s) passed by the High Court, the judgment and orders passed by the High Court have been set aside and the matters have been remanded to the High Court to decide the writ petitions afresh. Reliance is placed on the decision of this Court in the case of Delhi Development Authority Vs. Risal Singh & Ors. passed in Civil Appeal No.4885/2022 (@D.No. 21515/2019) on 22.07.2022.

contd..

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In view of the above undisputed facts, the present appeals are allowed. The respective judgment and orders passed by the High Court impugned in the present appeals are hereby quashed and set aside and we relegate the parties before the High Court for reconsideration of writ petitions in accordance with law and on their own merits along with writ petitions to be heard together in terms of order dated 13.07.2022 in Civil Appeal No.4713/2022 and other allied appeals arising from the same notification.

All the contentions available to both the sides are left open, including the plea taken by the parties and noted in order dated 13.07.2022 in Civil Appeal No.4713/2022.

In view of the above and for the reasons stated hereinabove, all the appeals are allowed in terms of the above and stand disposed of accordingly. No costs.

………………………………………J. [M.R. SHAH] ................. J. 

New Delhi;                                                 (C.T. RAVIKUMAR)
January 30, 2023.
ITEM NO.13               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). 6542/2018 (Arising out of impugned final judgment and order dated 24-04-2017 in WP(C) No. 1627/2016 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS NIRLEP KAUR & ORS. Respondent(s) (IA No. 47081/2018 - CONDONATION OF DELAY IN FILING IA No. 47086/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 47084/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 47085/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH Diary No(s). 6532/2018 (XIV) (FOR ADMISSION and I.R. and IA No.48702/2018-CONDONATION OF DELAY IN FILING and IA No.48705/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.48703/2018-CONDONATION OF DELAY IN REFILING IA No. 48702/2018 - CONDONATION OF DELAY IN FILING IA No. 48703/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 48705/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 6535/2018 (XIV) (FOR CONDONATION OF DELAY IN FILING ON IA 49789/2018 FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 49790/2018 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 49791/2018 IA No. 49789/2018 - CONDONATION OF DELAY IN FILING IA No. 49790/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 49791/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 6537/2018 (XIV) (FOR CONDONATION OF DELAY IN FILING ON IA 51715/2018 FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 51716/2018 contd..

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FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 51718/2018 IA No. 51715/2018 - CONDONATION OF DELAY IN FILING IA No. 51716/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 51718/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 6539/2018 (XIV) (FOR CONDONATION OF DELAY IN FILING ON IA 47581/2018 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 47582/2018 FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 47583/2018 IA No. 47581/2018 - CONDONATION OF DELAY IN FILING IA No. 47583/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 47582/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 28827/2021 (XIV) (IA No. 156255/2021 - CONDONATION OF DELAY IN FILING) Diary No(s). 11491/2022 (XIV) (IA No. 63309/2022 - CONDONATION OF DELAY IN FILING) Date : 30-01-2023 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Parties Ms. Astha Tyagi, AOR Mr. Dinesh Chander Trehan, Adv. Ms. Diksha Narula, Adv.
Ms. Sujeeta Srivastava, AOR Ms. Arti Singh, AOR Mr. Aakashdeep Singh Roda, Adv. Ms. Pooja Singh, Adv.
Mr. Basant Pal Singh, Adv. Mrs. Deepika Marwaha, Sr. Adv. Mr. Vinay K. Shailendra, Adv. Mr. Jagjit Singh Chhabra, AOR Ms. Worthing Kasar, Adv. Mr. Saksham Maheshwari, Adv. Ms. Raunika Johar, Adv.
Contd..
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Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv.
Ms. Arti Singh, AOR Mr. Aakashdeep Singh Roda, Adv. Ms. Pooja Singh, Adv.
Mr. Basant Pal Singh, Adv. UPON hearing the counsel the Court made the following O R D E R There shall be a formal notice to the respondents in D. Nos. 6542, 6532, 6535, 6537 and 6539 of 2018 on the application(s) for condonation of delay as well as on the Special Leave Petitions.
Learned counsel appearing on behalf of the respective private respondents/original writ petitioners accept notice on their behalf.
Delay condoned.
Leave granted in all the matters. The appeals are allowed and stand disposed of in terms of the signed order.
Pending application(s) shall stand disposed of. (NEETU SACHDEVA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (signed order is placed on the file)