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Supreme Court - Daily Orders

Govt. Of Nct Of Delhi vs Shashi Kant Goenka on 13 February, 2023

Bench: M.R. Shah, C.T. Ravikumar

     ITEM NO.5                                 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). 21006/2022

     (Arising out of impugned final judgment and order dated 25-04-2016
     in WP(C) No. 3740/2015 passed by the High Court Of Delhi At New
     Delhi)

     GOVT. OF NCT OF DELHI                                                      Petitioner(s)

                                                       VERSUS

     SHASHI KANT GOENKA & ORS.                                                  Respondent(s)

     (FOR ADMISSION and I.R. and IA No.25038/2023-CONDONATION OF DELAY
     IN FILING and IA No.25039/2023-EXEMPTION FROM FILING O.T. and IA
     No.25040/2023-CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS )

     Date : 13-02-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE M.R. SHAH
                             HON'BLE MR. JUSTICE C.T. RAVIKUMAR

     For Petitioner(s)                   Mr. Atul Kumar, AOR
                                          Ms. Sweety Singh, Adv.
                                          Ms. Archana Kumari, Adv.
                                          Mr. Rahul Pandey, Adv.

     For Respondent(s)

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

Delay in refiling is condoned.

Learned counsel appearing on behalf of the petitioner has vehemently submitted that in the present case, apart from the fact that compensation was deposited in the Treasury and even the recorded owner was Gaon Sabha, the possession of subject land could not be taken due to stay/pending litigation. Therefore, in view of the decision of the Constitution Bench of this Court Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129, Signature Not Verified there shall not be any deemed lapse Digitally signed by Neetu Sachdeva Date: 2023.02.14 under Section 24 (2) of the 16:08:48 IST Reason:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
contd..
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Issue notice on the application(s) for condonation of delay as well as on the Special Leave Petition, making it returnable on 20.03.2023.
Dasti service, in addition, is permitted. The respondents be served within a period of ten days from today.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR