Supreme Court - Daily Orders
Union Of India vs International Sindhi Panchayats . on 28 April, 2014
Ü7 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6079 OF 2010
UNION OF INDIA ... APPELLANT(s)
Versus
INTERNATIONAL SINDHI PANCHAYATS & OTHERS ... RESPONDENT(s)
WITH
CIVIL APPEAL NO. 4940 OF 2014
[ARISING OUT OF S.L.P. (C) NO. 9890 OF 2009]
FINANCIAL COMMISSIONER APPEALS PUNJAB ... APPELLANT(s)
& ORS.
Versus
JATINDER PAL SINGH & OTHERS ... RESPONDENT(s)
O R D E R
CIVIL APPEAL NO. 6079 OF 2010:
We have heard Mr. K. Radhakrishnan, learned senior counsel for the appellant, Mr. Yashpal Dhingra, learned counsel for the respondent No. 1, Mr. Arvind Savant, learned senior counsel for the respondent Nos. 2 to 5, Mr. Shankar Chillarge, learned counsel for the respondent Nos. 6 to 8 and Mr. Mukul Rohtagi, learned senior counsel for the 2 respondent No. 9.
2. As against respondent Nos. 6 & 8, it is ordered as follows:
It is declared that the provisions of Section 6 of the General Clauses Act are applicable to the Displaced Persons Claims and Other Laws Repeal Act, 2005 (for short "Repeal Act, 2005") and that the respondent Nos. 6 and 8 herein shall continue to decide the cases and proceedings pending on the date of the said Repeal Act, 2005 and implement the decisions in the said cases under the unrepealed Displaced Persons Compensation & Rehabilitation Act, 1954 and other related Acts.
2. Civil Appeal is disposed of as above. The above order also disposes of Public Interest Litigation No. 52 of 2006 pending before the Bombay High Court. No costs. 3
S.L.P. (C) NO. 9890 OF 2009:
Leave granted.
2. We are informed that the State of Punjab has enacted the Punjab Package Deal Properties (Disposal) Amendment Act, 2009 (for short "2009 Act"). It is further stated that pursuant to the above Act, the concerned persons were permitted to make applications to the competent authority within a period of 90 days from the date of publication of Notification dated 1.4.2009 but the respondent Nos. 1 to 3 have not done so.
3. Mr. M.K. Dua, learned counsel for the respondent Nos. 1 to 3 submits that applications pursuant to the 2009 Act were not made since the matter was pending before this Court. He further submits that if now permission is granted, respondent Nos. 1 to 3 will make applications as required under the above Act.
4. We, accordingly, dispose of the Civil Appeal by the following order:
(i) It is open to the respondent Nos.
1 to 3 to make applications now to the competent authority within 90 days from 4 today under the 2009 Act.
(ii) The concerned authority shall deal and decide such applications expeditiously and preferably within six months from the date of making of such applications.
5. No costs.
..........................CJI. (R.M. LODHA) ............................J. (MADAN B. LOKUR) ............................J. (KURIAN JOSEPH) NEW DELHI;
APRIL 28, 2014.
5
ITEM NO.30 COURT NO.1 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(s). 6079 OF 2010 UNION OF INDIA Appellant (s) VERSUS INTERNATIONAL SINDHI PANCHAYATS & ORS. Respondent(s) (With appln(s) for directions and office report ) IA No. 5 (appln. for modification of court’s order dated 5.12.2008] WITH SLP(C) NO. 9890 of 2009 (With office report) [for final disposal] Date: 28/04/2014 These Appeal/petition was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MADAN B. LOKUR HON’BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) CA 6079 Mr. K. Radhakrishnan, Sr. Adv.
Mr. S. Sadasiva Reddy, Adv. Mrs. Sunita Rani Singh, Adv Mr. R. Harishankar, Adv.
Mr. S. S. Shiv Reddy, Adv.
Ms. Sushma Suri,Adv.
SLP 9890 Mr. Jagjit Singh Chhabra, Adv.
Mr. Ajay Pal, Adv.
For Respondent(s) CA 6079 Mr. Arvind Savant, Sr. Adv.
Mr. Pramit Saxena, Adv.
Mr. Yash Pal Dhingra,Adv.
Mr. Shankar Chillarge, Adv. Mr. Atul B. Dakh, Adv.
Mr. A.P. Mayee, Adv.
Ms. Asha Gopalan Nair ,Adv Mr. Mukul Rohtagi, Sr. Adv. Mr. S.D. Chitnis, Adv.
Mr. Abhinav Agarwal, Adv.
Mr. E.C. Agrawala ,Adv Ms. Parul Shukla, Adv.
Ms. Devika Mohan, Adv.6
: 2 : Mr. A.V. Savant, Sr. Adv.
Mr. Gagan Sanghi, Adv.
Mr. Jaiwant Chandnani, Adv. Mr. Rameshwar Prasad Goyal ,Adv SLP 9890 Mr. M.K. Dua, Adv.
UPON hearing counsel the Court made the following O R D E R C.A. No 6079 of 2010:
Civil Appeal is disposed of with no order as to costs. Pending application(s), if any, stands disposed of. S.L.P. (C) 9890 of 2009:
Leave granted.
Civil Appeal is disposed of in terms of signed order. No costs. Pending application(s), if any, stands disposed of.
(Pardeep Kumar) (Renu Diwan)
AR-cum-PS Court Master
[SIGNED ORDER IS PLACED ON THE FILE]