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