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[Cites 2, Cited by 0]

Supreme Court - Daily Orders

Govt. Of Nct Of Delhi Secretary vs Tarun Kapahi on 17 March, 2023

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

                                                   1

     ITEM NO.6                           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). 7184/2018

     (Arising out of impugned final judgment and order dated 06-10-2015 in
     WP(C) No. 5107/2015 passed by the High Court Of Delhi At New Delhi)

     GOVT. OF NCT OF DELHI SECRETARY & ANR.                          Petitioner(s)

                                                 VERSUS

     TARUN KAPAHI & ANR.                                             Respondent(s)

     (IA No.47181/2018-CONDONATION OF DELAY IN FILING and IA No.47182/2018-
     CONDONATION OF DELAY IN REFILING)

     WITH
     Diary No(s). 7071/2018 (XIV)
     FOR   CONDONATION    OF   DELAY    IN   FILING   ON    IA   42798/2018
     FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 42799/2018)

     Diary No(s). 7167/2018 (XIV)
     IA No. 42103/2018 - CONDONATION OF DELAY IN FILING

     Diary No(s). 7171/2018 (XIV)
     IA No. 43862/2018 - CONDONATION OF DELAY IN FILING)

     Diary No(s). 7174/2018 (XIV)
     IA No. 46586/2018 - CONDONATION OF DELAY IN FILING)

     Diary No(s). 7178/2018 (XIV)
     IA No. 60683/2018 - CONDONATION OF DELAY IN FILING
     IA No. 60686/2018 - CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS
     IA No. 60685/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

     Diary No(s). 7188/2018 (XIV)
     IA No. 42418/2018 - CONDONATION OF DELAY IN FILING

     Diary No(s). 7191/2018 (XIV)
     FOR CONDONATION OF DELAY IN FILING ON IA 49925/2018
     FOR CONDONATION OF DELAY IN REFILING ON IA 49926/2018
     FOR CONDONATION OF DELAY IN FILING/REFILING SLP ON IA 49926/2018

     Diary No(s). 7195/2018 (XIV)
     IA No. 43893/2018 - CONDONATION OF DELAY IN FILING
Signature Not Verified

Digitally signed by R
Natarajan
Date: 2023.03.21
16:55:53 IST
     Date : 17-03-2023 These matters were called on for hearing today.
Reason:




     CORAM :              HON'BLE MR. JUSTICE M.R. SHAH
                          HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                                      2

For Petitioner(s)       Mr. Atul Kumar, AOR
                        Ms. Sweety Singh, Adv.
                        Ms. Archana Kumari, Adv.
                        Mr. Rajiv Ranjan, Adv.
                        Mr. Rahul Pandey, Adv.
                        Mr. Avs Kadyan, Adv.
                        Ms. Rajiv Ranjan, Adv.
                        Mr. Awdesh Kumar, Adv.
                        Ms. Rachita Kadyan, Adv.
For Respondent(s)

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

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 7184/2018:

It is the case on behalf of the petitioners that, in the present case, the possession of the land in question has already been taken over in the year 1987.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7071/2018:

It is the case on behalf of the petitioners that, in the present case, the possession of the land in question has already 3 been taken over on 12.09.2007.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7167/2018:

It is the case on behalf of the petitioner that, in the present case, the possession of the land in question has already been taken over on 23.11.2012.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as 4 well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7171/2018:

It is the case on behalf of the petitioner that, in the present case, the possession of the land in question has already been taken over on 05.02.1987.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7174/2018:

It is the case on behalf of the petitioner that, in the present case, the possession of the land in question has already been taken over on different dates being 23.11.1981 and 02.09.2006.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation 5 and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7178/2018:

It is the case on behalf of the petitioners that, in the present case, the possession of the land in question has already been taken over on 23.09.1986.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

6

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7188/2018:

It is the case on behalf of the petitioner that, in the present case, the possession of the land in question has already been taken over on 14.07.1987.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7191/2018:

It is the case on behalf of the petitioner that, in the present case, the possession of the land in question has already been taken over on 21.04.2006.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in 7 question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today. SLP (C) Diary No(s). 7195/2018:

It is the case on behalf of the petitioner that, in the present case, the possession of the land in question has already been taken over on 23.09.1981.
However thereafter and despite the above, relying upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition for final disposal, returnable on 28.04.2023.

Dasti, in addition, is permitted.

Respondents be served within a period of 10 days from today.

(R. NATARAJAN)                                                (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                                      ASSISTANT REGISTRAR