Supreme Court - Daily Orders
Delhi Development Authority vs Sudesh Goel on 7 March, 2022
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising from SLP(C) No._______of 2022)
[Diary No. 15395 of 2021]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
SUDESH GOEL & ORS. Respondent(s)
O R D E R
Delay condoned.
Leave granted.
This appeal takes exception to the judgment and order dated 02.08.2016 passed by the High Court of Delhi at New Delhi in WP(C) No.12070/2015, whereby the High Court declared that the acquisition proceedings in respect of subject land had lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Signature Not Verified In paragraph 3 of the impugned judgment, the Digitally signed by DEEPAK SINGH Date: 2022.03.09 17:31:15 IST Reason: High Court has noted that it is an admitted position that neither physical possession of the 2 subject land has been taken by the Land Acquiring Agency nor compensation amount has been paid to the writ petitioners. This factual position has been disputed by the authorities. They contend that as per the records available with the appellant(s), it clearly shows that after the award was passed, physical possession of the subject land was taken over vide possession proceedings dated 08.09.2004 but not handed over to LAC/L&B and the compensation amount was also offered by cheque No. 328835 dated 08.07.2004 in the sum of Rs. 4,15,50,458/- (Rupees Four Crores Fifteen Lakhs Fifty Thousand Four Hundred Fifty Eight Only).
As a result, we deem it appropriate to set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the entire matter afresh on its own merits and in accordance with law, including keeping in mind the exposition of the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.
All contentions available to both sides are left 3 open.
We, once again, make it clear that we may not be understood to have expressed any opinion either way on the factual matters raised by the concerned parties. It is for the High Court to examine the same on its own merits and in accordance with law.
The parties to appear before the High Court on 25.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously.
The appeal is disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI MARCH 07, 2022.
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ITEM NO.29 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). 15395/2021 (Arising out of impugned final judgment and order dated 02-08-2016 in WP(C) No. 12070/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS SUDESH GOEL & ORS. Respondent(s) (IA No. 94349/2021 - CONDONATION OF DELAY IN FILING IA No. 94350/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 94352/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 07-03-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Ms. Arti Singh, AOR Mr. Aakashdeep Singh Roda, Adv. Ms. Pooja Singh, Adv.
Mr. Basant Pal Singh, Adv. For Respondent(s) Mr. D. V. Khatri, Adv.
Mr. Mansoor Ali, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file] 5