Supreme Court - Daily Orders
Govt. Of Nct Of Delhi vs Baljeet Singh on 1 May, 2023
Author: M.R. Shah
Bench: M.R. Shah
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(@ Special Leave Petition (C) No. of 2023)
(@ Diary No. 7226/2023)
GOVERNMENT OF NCT OF DELHI & ANR. ...APPELLANTS
VERSUS
BALJEET SINGH & ORS. ….RESPONDENTS
WITH
CIVIL APPEAL NO. OF 2023
(@ Special Leave Petition (C) No. of 2023)
(@ Diary No.499/2023)
O R D E R
Delay condoned.
Leave granted.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12-12-2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 5162/2016, by which the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the ‘2013 Act’), the Government of NCT of Delhi & Anr. as well as the Delhi Signature Not Verified Development Authority have preferred the present appeals Digitally signed by Neetu Sachdeva Date: 2023.05.08 16:26:54 IST Reason: From the impugned judgment and order passed by the High Court, it appears that it was the specific case on contd..
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behalf of the appellants before the High Court that the physical possession of the land in question could not be taken over at the relevant time due to stay. The aforesaid is disputed by Shri Dhruv Mehta, learned Senior Advocate appearing on behalf of the original writ petitioner(s).
However, taking into consideration the fact that the High Court, thereafter, relied upon the decision of this Court in the case of Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors., (2014) 3 SCC 183 and has declared that the acquisition with respect to the land in question is deemed to have lapsed on the ground that the compensation was not paid and there is no specific finding on whether the physical possession of the land in question could not be taken over due to stay, we set aside the impugned judgment and order passed by the High Court and remand the matter to the High Court to consider the case on behalf of the appellants that the physical possession of the land in question could not be taken over due to stay. Thereafter, the High Court to consider the matter afresh in accordance with law on merits and in light of the observations made by this court in the case of Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129. However, it is observed that we have not expressed anything on merits on the case on behalf of the Contd..
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appellants that the physical possession could not be taken over due to stay. It is ultimately for the High Court to consider the same on the basis of the material on record and after giving an opportunity to all concerned.
The present Appeals are allowed accordingly. No costs.
………………………………………J. [M.R. SHAH] ………..……………………………………J. [AHSANUDDIN AMANULLAH] NEW DELHI MAY 01, 2023 ITEM NO.44 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). 7226/2023 (Arising out of impugned final judgment and order dated 12-12-2017 in WP(C) No. 5162/2016 passed by the High Court Of Delhi at New Delhi) GOVT. OF NCT OF DELHI & ANR. Petitioner(s) VERSUS BALJEET SINGH & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.62742/2023-CONDONATION OF DELAY IN FILING and IA No.62744/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 62742/2023 - CONDONATION OF DELAY IN FILING, IA No. 62744/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH Diary No(s). 499/2023 (XIV) (FOR ADMISSION and I.R. and IA No.39792/2023-CONDONATION OF DELAY IN FILING and IA No.39796/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.39795/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Date : 01-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Parties Ms. Astha Tyagi, AOR Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv.
Shambhavi Sharma, Adv.
Mr. Dhruv Mehta, Sr. Adv.
Smita Mann, AOR.
Vishal Mann, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are allowed in terms of the signed order. Pending application(s) shall stand disposed of. (NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)