Supreme Court - Daily Orders
Pushpa Devi vs Union Of India on 21 February, 2014
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2640 OF 2014
(arising out of S.L.P. (Civil) No. 28450 of 2012)
PUSHPA DEVI Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
O R D E R
Leave granted.
2. The High Court has principally relied upon the application
for release made by the appellant on 14.07.2010/20.07.2010 to
attribute the knowledge of the award to the appellant and,
resultantly, it held that the reference application was made beyond
the prescribed time.
3. We have carefully perused the application for release dated
14.07.2010/20.07.2010 made by the appellant to the Land Acquisition
Office. From a careful reading of the said application, we do not
think that any inference can be drawn that appellant had knowledge of
the award. What is claimed in the application is release of
compensation since she had not received compensation so far. Can
knowledge of award be attributed to the appellant on the basis of that
application ? We do not think so.
4. In view of the above, appeal is allowed. The impugned order
is set aside. The Land Acquisition Officer shall now refer the matter
for determination of compensation to the competent court having
jurisdiction in the matter within six weeks from the date of receipt
of this order.
5. No costs.
..........................J.
( R.M. LODHA )
NEW DELHI; ..........................J.
FEBRUARY 21, 2014 ( DIPAK MISRA )
ITEM NO.45 COURT NO.2 SECTION XIV
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 (Civil) No(s).28450/2012
(From the judgement and order dated 01/06/2012 in CWP No.3654/2012 of The
HIGH COURT OF DELHI AT N. DELHI)
PUSHPA DEVI Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
(With prayer for interim relief and office report )
Date: 21/02/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE R.M. LODHA
HON’BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Brijender Chandar, Sr. Adv.
Mr. Kumar Vikram, Adv.
Mr. Aditya Gupta, Adv.
Mr. Rohit Singh,Adv.
For Respondent(s) Ms. Rachana Srivastava,Adv.
Mr. Utkarsh Sharma, Adv.
Ms. Pratiksha Chaturvedi, Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
Appeal is allowed in terms of the signed order.
|(Rajesh Dham) | |(Renu Diwan) | |Court Master | |Court Master | (signed order is placed on the file)