Supreme Court - Daily Orders
Delhi Development Authority vs Anil Kumar Gupta on 12 November, 2021
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2021
(Arising out of SLP(C) No. of 2021)
[Diary No. 8226 of 2021]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
ANIL KUMAR GUPTA & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. OF 2021
(Arising out of SLP(C) No. of 2021)
[Diary No. 21914 of 2021]
O R D E R
Delay condoned.
Leave granted.
These appeals take exception to the judgment and order dated 24.04.2017 passed by the High Court of Delhi at New Delhi in WPC No. 10136 of 2015, whereby declaring that the acquisition proceedings in respect of subject land referred to in the writ petition had lapsed.
From the impugned judgment, it is noticed that the High Court essentially proceeded on the basis of the Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2021.11.13 decisions of this Court which have now been either 20:38:49 IST Reason: reversed or explained by the Constitution Bench in the case of Indore Development Authority vs. Manoharlal 2 & Ors. reported in (2020) 8 SCC 129. As a result, it would be appropriate that parties are relegated before the High Court for reconsideration of the matter afresh in light of the decision of the Constitution Bench. Accordingly, the impugned judgment and order passed by the High Court is set aside. All contentions available to both sides are left open, to be considered by the High Court on its own merits in the remanded writ petition. The parties to appear before the High Court on 15.12.2021.
The High Court may set down the matter for hearing as per its convenience. However, we request the High Court to expeditiously dispose of the writ petition.
The appeals are disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI NOVEMBER 12, 2021.
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ITEM NO.31+36 Court 3 (Video Conferencing) 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). 8226/2021 (Arising out of impugned final judgment and order dated 24-04-2017 in WPC No. 10136/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS ANIL KUMAR GUPTA & ORS. Respondent(s) IA No. 50694/2021 - CONDONATION OF DELAY IN FILING IA No. 50699/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 12-11-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For parties:
Ms. Rachana Srivastava, AOR 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.
Mr. Mohan Lal Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are disposed of in terms of the signed order.4
Pending applications, if any, stand disposed of. We are informed during the course of argument that there are other special leave petitions filed by the authorities which are still pending pertaining to the same notification. A list of such cases be filed/handed over to the Court Master by tomorrow, i.e., 13.11.2021 by Ms. Rachana Srivastava, learned counsel appearing for the respondent-Department. Registry to post all those matters on 18.11.2021 with office report, if unready for our consideration.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]