Supreme Court - Daily Orders
Govt. Of Nct Of Delhi vs Shakruddin on 29 September, 2022
Bench: M.R. Shah, Krishna Murari
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(@ Special Leave Petition (C) No. of 2022)
(@ Diary No. 3245/2022)
GOVT. OF NCT OF DELHI ...APPELLANT
VERSUS
SHAKRUDDIN & ORS. ….RESPONDENTS
WITH
CIVIL APPEAL NO. OF 2022
(@ Special Leave Petition (C) No. of 2022)
(@ Diary No. 32513/2021)
AND
CIVIL APPEAL NO. OF 2022
(@ Special Leave Petition (C) No. of 2022)
(@ Diary No. 30218/2021)
O R D E R
Delay condoned.
Leave granted.
Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 11-04-2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) Nos. 8912/2014 and 573/2015, by which the High Court has allowed the said writ petitions preferred by the respective respondents/original writ petitioners and has declared that with respect to the land in question, the acquisition proceedings have lapsed under Section 24 (2) of the Right to Fair Compensation and Transparency in Signature Not Verified Land Acquisition, Rehabilitation and Resettlement Act, Digitally signed by SNEHA Date: 2022.10.01 13:35:10 IST Reason: 2013, the Government of NCT of Delhi and the Delhi Development Authority have preferred the present appeals.
Contd..
- 2- It is not in dispute and even from the impugned common judgement and order passed by the High Court, it is apparent that while disposing of the respective Writ Petitions, the High Court has heavily 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 further decisions following the decision in the case of Pune Municipal Corporation (supra).
However, it is required to be noted and it is not in dispute that the decision of this Court in the case of Pune Municipal Corporation (supra) has been over-ruled by the Constitution Bench decision of this Court in the case of Indore Development Authority vs. Manoharlal and Others, (2020) 8 SCC 129.
There are serious disputes with respect to possession taken over as well as the compensation. From the material on record, it appears that the litigation was pending and there was an order of status quo with respect to some portion of the acquired land. All these factual aspects are required to be considered by the High Court on the basis of material on record and/or the material that may be produced on record.
In view of the above, we are of the opinion that the impugned common judgment and order passed by the High Court to be quashed and set aside and the matters to be contd..
- 3 -
remanded to the High Court to decide the same afresh in accordance with law and on its own merits and considering the observations made by this Court in the case of Indore Development Authority (supra) and/or any other decision(s) which may be placed before the High Court because there is subsequent decision on the order of Status quo.
In view of the above and for the reasons stated hereinabove, the impugned common judgement and order passed by the High Court is hereby quashed and set aside. The matters are remanded to the High Court to decide and dispose of the Writ Petitions afresh in accordance with law and on its own merits and in light of the decision of the Constitution Bench of this Court in the case of Indore Development Authority (supra). It will be open for the respective parties to file additional material on record on the possession and/or the compensation and/or even the order of status quo and/or pending litigation, which may be considered by the High Court in accordance with law and on its own merits.
The present appeals are allowed to the aforesaid extent and stand disposed of accordingly. No costs.
………………………………………J. [M.R. SHAH] ……………………………………J. [KRISHNA MURARI] NEW DELHI SEPTEMBER 29, 2022 ITEM NO.16 COURT NO.7 SECTION XIV (part heard) 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). 3245/2022 (Arising out of impugned final judgment and order dated 11-04-2017 in WP(C) No. 8912/2014 passed by the High Court Of Delhi at New Delhi) GOVT. OF NCT OF DELHI Petitioner(s) VERSUS SHAKRUDDIN & ORS. Respondent(s) ([PART HEARD BY: HON. M.R. SHAH AND HON. KRISHNA MURARI, JJ.]........................IA No.73635/2022-CONDONATION OF DELAY IN FILING and IA No.73636/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.73638/2022-EXEMPTION FROM FILING O.T. ) WITH Diary No(s). 32513/2021 (XIV) (IA No. 19612/2022 - CONDONATION OF DELAY IN FILING IA No. 19614/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 30218/2021 (XIV) (IA No. 4526/2022 - CONDONATION OF DELAY IN FILING IA No. 4527/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 4528/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 29-09-2022 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE KRISHNA MURARI For Parties Ms. Manika Tripathy, AOR Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv. Mr. Ashutosh Kaushik, Adv. Mr. Manish Vashist, Adv.
Ms. Arti Singh, AOR Mr. Aakashdeep Singh Roda,Adv. Ms. Pooja Singh, Adv.
Mr. Basant Pal Singh, Adv.
contd..
- 2 -
Mr. Chandra Prakash, AOR Mr. C.P. Rajwar, Adv.
Mr. Vivek Singh, Adv.
Mr. Pushkar Anand, Adv.
Ms. Neha Kapoor, Adv.
Mr. Milind Kumar, AOR Ms. Sujeeta Srivastava, AOR Ms. Chembugari Abheeshna, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The present appeals are allowed and stand disposed of 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)