Land And Building Department vs Kaptan Singh on 17 April, 2023

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Supreme Court - Daily Orders

Land And Building Department vs Kaptan Singh on 17 April, 2023

Bench: M.R. Shah

                                                          1

     ITEM NO.6                                  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). 20986/2022

     (Arising out of impugned final judgment and order dated 18-08-2015
     in WPC No. 2985/2015 passed by the High Court Of Delhi At New
     Delhi)

     LAND AND BUILDING DEPARTMENT & ANR.                                      Petitioner(s)

                                                        VERSUS

     KAPTAN SINGH & ORS.                                                      Respondent(s)

     (FOR ADMISSION and I.R. and IA No.68338/2023-CONDONATION OF DELAY
     IN FILING and IA No.68341/2023-EXEMPTION FROM FILING O.T. and IA
     No.68339/2023-CONDONATION OF DELAY IN REFILING /       CURING THE
     DEFECTS)

     Date : 17-04-2023 This petition was called on for hearing today.

     CORAM :                  HON'BLE MR. JUSTICE M.R. SHAH
                              HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

     For Petitioner(s)                   Mr. Atul Kumar, AOR
                                         Ms. Archana Kumari, Adv.
                                         Mr. Amitabh Ranjan, Adv.
                                         Mr. Rajiv Ranjan, Adv.

     For Respondent(s)

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

It is the case on behalf of the petitioners that the possession of the land in question was already taken over in the year 2006. However thereafter, relying upon the earlier decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 Signature Not Verified SCC 183, the High Court has allowed the Writ Petition and has Digitally signed by R Natarajan Date: 2023.04.17 17:02:07 IST Reason: 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 2 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the ground that the compensation was not tendered.

It is submitted that the decision of this Court in the case of Pune Municipal Corporation (supra), which has been relied upon by the High Court, while passing the impugned judgment and order, has been overruled by the Constitution Bench of this Court in the case of Indore Development Authority vs. Manoharlal & Ors. Etc. reported in 2020 (8) SCC 129.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition, returnable on 07.08.2023. Dasti, in addition, is permitted.

(R. NATARAJAN)                                  (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                        ASSISTANT REGISTRAR

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