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Supreme Court of India · body

2017 DIGILAW 689 (SC)

Bishan Devi Tr. Lrs. v. Delhi Development Authority

2017-04-18

KURIAN JOSEPH, R.BANUMATHI

body2017
ORDER : SLP(C) No. 13551 of 2015, SLP(C) No. 14802 of 2015, SLP(C) No. 15451 of 2015, SLP(C) No. 15454 of 2015, SLP(C) No. 16995 of 2015, SLP(C) No. 17006 of 2015, SLP(C) No. 17248 of 2015, SLP(C) No. 17740 of 2015, SLP(C) No. 18480 of 2015, SLP(C) No. 18485 of 2015, SLP(C) No. 19204 of 2015, SLP(C) No. 19452 of 2015, SLP(C) No. 19555 of 2015, SLP(C) No. 22067 of 2015, SLP(C) No. 22069 of 2015, SLP(C) No. 22994 of 2015, SLP(C) No. 22995 of 2015, SLP(C) No. 23742 of 2015, SLP(C) No. 24957 of 2015, SLP(C) No. 24963 of 2015, SLP(C) No. 25524 of 2015, SLP(C) No. 26493 of 2015, SLP(C) No. 26606 of 2015, SLP(C) No. 26724 of 2015, SLP(C) No. 27318 of 2015, SLP(C) No. 27485 of 2015, SLP(C) No. 27729 of 2015, SLP(C) No. 28002 of 2015, SLP(C) No. 28579 of 2015, SLP(C) No. 28745 of 2015, SLP(C) No. 28768 of 2015, SLP(C) No. 28922 of 2015, SLP(C) No. 28927 of 2015, SLP(C) No. 28929 of 2015, SLP(C) No. 29537 of 2015, SLP(C) No. 30148 of 2015, SLP(C) No. 30211 of 2015, SLP(C) No. 30224 of 2015, SLP(C) No. 30228 of 2015, SLP(C) No. 30234 of 2015, SLP(C) No. 30238 of 2015, SLP(C) No. 30243 of 2015, SLP(C) No. 30244 of 2015, SLP(C) No. 30275 of 2015, SLP(C) No. 30733 of 2015, SLP(C) No. 30734 of 2015, SLP(C) No. 30735 of 2015, SLP(C) No. 31250 of 2015, SLP(C) No. 31366 of 2015, SLP(C) No. 31673 of 2015, SLP(C) No. 32614 of 2015, SLP(C) No. 32617 of 2015, SLP(C) No. 32640 of 2015, SLP(C) No. 32642 of 2015, SLP(C) No. 32643 of 2015, SLP(C) No. 32645 of 2015, SLP(C) No. 32647 of 2015, SLP(C) No. 33344 of 2015, SLP(C) No. 34619 of 2015, SLP(C) No. 35231 of 2015, SLP(C) No. 35243 of 2015, SLP(C) No. 545 of 2016, SLP(C) No. 848 of 2016, SLP(C) No. 1686 of 2016, SLP(C) No. 1698 of 2016, SLP(C) No. 1700 of 2016, SLP(C) No. 2070 of 2016, SLP(C) No. 2839 of 2016, SLP(C) No. 4221 of 2016, SLP(C) No. 7016 of 2016, SLP(C) No. 7564 of 2016, SLP(C) No. 7568 of 2016, SLP(C) No. 7609 of 2016, SLP(C) No. 7735 of 2016, SLP(C) No. 7761 of 2016, SLP(C) No. 8770 of 2016, SLP(C) No. 8793 of 2016, SLP(C) No. 8798 of 2016, SLP(C) No. 8808 of 2016, SLP(C) No. 8811 of 2016, SLP(C) No. 8812 of 2016, SLP(C) No. 8813 of 2016, SLP(C) No. 8817 of 2016, SLP(C) No. 8818 of 2016, SLP(C) No. 8819 of 2016, SLP(C) No. 8820 of 2016, SLP(C) No. 8829 of 2016, SLP(C) No. 8836 of 2016, SLP(C) No. 9061 of 2016, SLP(C) No. 9184 of 2016, SLP(C) No. 10009 of 2016, SLP (C) No. 10495 of 2016, SLP(C) No. 11339 of 2016, SLP(C) No. 11349 of 2016, SLP(C) No. 11356 of 2016, SLP(C) No. 11372 of 2016, SLP(C) No. 11380 of 2016, SLP(C) No. 11383 of 2016, SLP(C) No. 11448 of 2016, SLP(C) No. 11458 of 2016, SLP(C) No. 17354 of 2016, SLP(C) No. 19966 of 2016, SLP(C) No. 19972 of 2016, SLP(C) No. 19976 of 2016, SLP(C) No. 23083 of 2016, SLP(C) No. 23085 of 2016, SLP(C) No. 23095 of 2016, SLP(C) No. 23642 of 2016, SLP(C) No. 23646 of 2016, SLP(C) No. 23659 of 2016, SLP(C) No. 24307 of 2016, SLP(C) No. 24313 of 2016, SLP(C) No. 24321 of 2016, SLP(C) No. 25136 of 2016, SLP(C) No. 28183 of 2016, SLP(C) No. 28270 of 2016, SLP (C) No. 28272 of 2016, SLP(C) No. 28274 of 2016, SLP(C) No. 28279 of 2016, SLP(C) No. 28281 of 2016, SLP(C) No. 28661 of 2016, SLP(C) No. 28668 of 2016, SLP(C) No. 30426 of 2016, SLP(C) No. 31440 of 2016, SLP(C) No. 31442 of 2016, SLP(C) No. 31444 of 2016, SLP(C) No.31480 of 2016, SLP(C) No. 32231 of 2016, SLP(C) No. 32996 of 2016, SLP(C) No.35159 of 2016, SLP(C) No. 35160 of 2016, SLP(C) No. 35163 of 2016, SLP(C) No. 36421 of 2016, SLP(C) No. 36792 of 2016, SLP(C) No. 37159 of 2016, SLP(C) No. 37657 of 2016, SLP(C) No. 38279 of 2016, SLP(C) No. 38283 of 2016, SLP(C) No. 38284 of 2016, SLP(C) No. 38286 of 2016, SLP(C) No. 38292 of 2016, SLP(C) No. 38295 of 2016, SLP(C) No. 38300 of 2016, SLP(C) No. 38303 of 2016, SLP(C) No. 38354 of 2016, SLP(C) No. 38358 of 2016, SLP(C) No. 38364 of 2016, SLP(C) No. 38367 of 2016, SLP(C) No. 38370 of 2016, SLP(C) No. 38373 of 2016, SLP(C) No. 1498 of 2017, SLP(C) No. 1499 of 2017, SLP(C) No. 1639 of 2017, SLP(C) No. 1724 of 2017, SLP(C) No. 1726 of 2017, SLP(C) No. 1728 of 2017, SLP(C) No. 1729 of 2017, SLP(C) No. 1730 of 2017, SLP(C) No. 1731 of 2017, SLP(C) No. 3826 of 2017, SLP(C) No. 6911 of 2017, SLP(C) No. 8928 of 2017, SLP(C) No. 8929 of 2017, SLP(C) No. 9586 of 2017, SLP(C) No. 9734 of 2017, SLP(C) No. 10556-10557 of 2017, SLP(C) No. 11873 of 2017. 2. Heard the learned senior counsel/learned counsel appearing for the parties at length. Arguments concluded. Judgment reserved. SLP(C) No. 32631/2015 (Item No. 86), SLP(C) No. 32633/2015 (Item No. 87) List on 24.04.2017. SLP(C) No. 38368/2016 (Item No. 224) Detag. Post along with SLP (C) No. 23097 of 2016. SLP(C) No. 22122/2015 (Item No. 33) 3. The learned senior counsel appearing for the petitioner as well as the Ministry of External Affairs have submitted that the possession had been taken long back and utilized for the purpose of SAARC University. However, in order to avoid any other disputes, it is submitted that the petitioner-authority is prepared to work out and grant compensation under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 4. The learned counsel for the respondents seeks a week's time to get instruction. Post on 26.04.2017. SLP(C) No. 10013 of 2016 (Item No. 133), C.A.No. 8903/2012 (Item No. 11), C.A. No. 8904/2012 (Item No. 12) Leave granted. Post in the second week of August, 2017. SLP(C) No. 28276/2016 (Item No. 168) 5. It is the case of the petitioner-authority that the occupants in the Marble market have been relocated by providing them alternative lands. Therefore, this matter needs to be heard separately. Leave granted. 6. Status-quo with regard to title, possession and use of the lands covered by this appeal shall be maintained by the parties until further orders. SLP(C) No. 36791/2016 (Item No. 187) 7. The second respondent - Land Acquisition Collector, North-West District, Land and Building Department, Delhi is directed to conduct a local inspection with notice to all the parties in the Special Leave Petition and submit a report to this Court as to whether the electrical sub-station is housed in Khasra Nos. 70/22 and 70/23, of which 9 Bighas 12 Biswas belonging to the first respondent. 8. The Land Acquisition Collector shall also verify whether the sub-station is also housed in the adjoining Khasra No. 70/24 as well. 9. After verifying the facts, as above, the report shall be submitted to this Court, with an appropriate sketch, within a period of one month from today. Post on 13.07.2017. SLP(C) No. 3828/2017 (Item No. 241) Leave granted. The appeal is dismissed in terms of the signed non-reportable Judgment Pending interlocutory applications, if any, stand disposed of. SLP(C) No. 7215/2017 (Item No. 243) 10. Post on 13.07.2017. SLP(C) No. 3828/2017 (Item No. 241) Leave granted. The appeal is dismissed in terms of the signed non-reportable Judgment Pending interlocutory applications, if any, stand disposed of. SLP(C) No. 7215/2017 (Item No. 243) 10. The learned counsel for the respondents submits that just as in the case of 'competent automobiles', the land in question has been completely built up and hence, the approach adopted by this Court in 'competent automobiles' case may be applied herein also. 11. The learned counsel for the petitioner-authority is directed to get instruction as to why the same principle as in 'Competent Automobiles' case, in the factual situation referred to above, should not be followed herein also. 12. The instruction shall be obtained on or before 30.06.2017. It is made clear that if no such instruction, in writing, is filed on or before that date, it will be presumed that the Government of NCT of Delhi and the DDA have no objection in following the principle adopted in 'Competent Automobiles' case in the case of the party-respondents as well. Post on 03.07.2017. SLP(C) No. 38356 of 2016 (Item No. 215) Leave granted. 13. The appeal is dismissed in terms of the signed non-reportable Judgment 14. Pending interlocutory applications, if any, stand disposed of. SLP(C) No. 19600/2015 (Item No. 30) and SLP(C) No. 28182/2016 (Item No. 162) Detag. SLP(C) No. 23591/2015 (Item No. 36) 15. The learned counsel for the petitioners, on instruction, seeks leave to withdraw this Special Leave Petition. Permission is granted. The Special Leave Petition is, accordingly, dismissed as withdrawn. SLP(C) No. 28569/2015 (Item No. 52) 16. The learned counsel for the petitioners, on instruction, seeks leave to withdraw this Special Leave Petition. Permission is granted. 17. The Special Leave Petition is, accordingly, dismissed as withdrawn. Permission is granted. The Special Leave Petition is, accordingly, dismissed as withdrawn. SLP(C) No. 28569/2015 (Item No. 52) 16. The learned counsel for the petitioners, on instruction, seeks leave to withdraw this Special Leave Petition. Permission is granted. 17. The Special Leave Petition is, accordingly, dismissed as withdrawn. SLP(C) No. 15345 of 2015, SLP(C) No. 15346 of 2015, SLP(C) No. 15347 of 2015, SLP(C) No. 15348 of 2015, SLP(C) No. 25536 of 2015, SLP(C) No. 26533 of 2015, SLP(C) No. 26535 of 2015, SLP(C) No. 28305 of 2015, SLP(C) No. 30127 of 2015, SLP(C) No. 30167 of 2015, SLP(C) No. 30170 of 2015, SLP(C) No. 30190 of 2015, SLP(C) No. 30199 of 2015, SLP(C) No. 30201 of 2015, SLP(C) No. 30202 of 2015, SLP(C) No. 30207 of 2015, SLP(C) No. 30208 of 2015, SLP(C) No. 7731 of 2016, SLP(C) No. 7754 of 2016, SLP(C) No. 8762 of 2016, SLP(C) No. 8796 of 2016, SLP(C) No. 8987 of 2016, SLP(C) No. 9179 of 2016, SLP(C) No. 10167 of 2016, SLP(C) No. 11394 of 2016, SLP(C) No. 11404 of 2016, SLP(C) No. 11479 of 2016, SLP(C) No. 24320 of 2016, SLP(C) No. 28271 of 2016, SLP(C) No. 28277 of 2016, SLP(C) No. 28283 of 2016, SLP(C) No. 38280 of 2016, SLP(C) No. 38281 of 2016, SLP(C) No. 38282 of 2016, SLP(C) No. 38285 of 2016, SLP(C) No. 38289 of 2016, SLP(C) No. 38290 of 2016, SLP(C) No. 38293 of 2016, SLP(C) No. 38294 of 2016, SLP(C) No. 38296 of 2016, SLP(C) No. 38299 of 2016, SLP(C) No. 38302 of 2016, SLP(C) No. 38306 of 2016, SLP(C) No. 38347 of 2016, SLP(C) No. 38350 of 2016, SLP(C) No. 38355 of 2016, SLP(C) No. 38360 of 2016, SLP(C) No. 38362 of 2016, SLP(C) No. 38363 of 2016, SLP(C) No. 38365 of 2016, SLP(C) No. 38366 of 2016, SLP(C) No. 38369 of 2016, SLP(C) No. 38372 of 2016, SLP(C) No. 38374 of 2016, SLP(C) No. 1778 of 2017. 18. The learned counsel for the petitioners submitted that possession could not be taken or compensation could not be paid on account of stay operating in these matters. Post these matters on 20.04.2017. The learned counsel for the petitioners are directed to be ready with the stay orders on that date.