Research › Browse › Judgment

Supreme Court of India · body

2022 DIGILAW 576 (SC)

Delhi Development Authority v. Delhi Development Authority

2022-04-08

B.V.NAGARATHNA, M.R.SHAH

body2022
ORDER M. R. Shah, J. - Present application has been preferred on behalf of Respondent Nos.1 and 2 in the appeal with a prayer to recall the judgment and order dated 23.02.2022 passed in Civil Appeal No.1574 of 2022 and to pass the similar order which has been passed by this Court in Civil Appeal No.6796 of 2021. 2. Having heard the learned counsel for the respective parties and considering the averments made in the application and considering the fact that with respect to the same notification under Section 4 read with Section 17(1) & (4) of the Land Acquisition Act, 1894, the matters are remitted back to the High Court pursuant to the judgment and order passed by this Court vide order dated 12.11.2021 in Civil Appeal No.6796 of 2021 titled Delhi Development Authority versus Anil Kumar Gupta and others, the present application is allowed. The judgment and order passed by this Court dated 23.02.2022 passed in Civil Appeal No.1574 of 2022 is hereby recalled and said appeal is heard today afresh. 3. Present application is accordingly allowed. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1574 OF 2022 Delhi Development Authority ..Appellant Versus Ashok Kumar & Ors. ..Respondents O R D E R M. R. Shah, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.01.2018 passed by the High Court of Delhi at New Delhi in WP(C) No.9989 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent herein original writ petitioners and has declared that the land acquisition proceedings with respect to the land in question as having been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 2013 Act'), the Delhi Development Authority has preferred the present appeal. 3. Learned Counsel appearing on behalf of the original writ petitioner has drawn our attention to the judgment and order passed by this Court in Civil Appeal No.6796 of 2021 in Delhi Development Authority versus Anil Kumar Gupta & Others by which with respect to the same Notification under Section 4 read with Section 17(1) and (4) of the Land Acquisition Act, 1894 and the Award No.2/1998-99 dated 07.01.1999, the matter is remanded to the High Court to decide the writ petition afresh. 4. 4. Learned counsel appearing on behalf of the appellant - Delhi Development Authority is not disputing the above. 5. The order passed by this Court in Civil Appeal No.6796 of 2021 in Delhi Development Authority versus Anil Kumar Gupta & Others, the aforesaid judgment and order is qua the same Notification under Section 4 read with Section 17(1) and (4) of the Land Acquisition Act, 1894. Therefore, it will be in the fitness of the things that in the present case also while quashing and setting aside the impugned judgment and order, the matter be remanded to the High Court with a direction to the High Court to decide and dispose of the writ petition afresh along with Writ Petition (C) No.10136 of 2015 and other allied matters. 6. In view of the above and on the aforesaid ground alone and without expressing anything on merits in favour of either party, the present appeal is allowed. The impugned judgment and order passed by the High Court is set aside. The matter is remanded to the High Court to decide the same afresh in accordance with law and on its own merits. 6.1 All contentions available to the both sides are left open, to be considered by the High Court on its own merits if we remand the writ petition. The present writ petition be heard on remand along with Writ Petition (C) No.10136 of 2015. 6.2 The parties to appear before the High Court at the first instance on 09.05.2022. 6.3 Considering the earlier order passed by this Court in the case of Anil Kumar Gupta (supra), by which this Court requested the High Court to expeditiously dispose of the writ petition, we once again requested the High Court to expeditiously dispose of the writ petitions at the earliest and preferably within a period of six months from 9th May, 2022. All concerned are directed to cooperate the High Court in the early disposal of the writ petitions on remand. The present appeal is disposed of/allowed in the above terms. Pending applications, if any, shall dispose of. All concerned are directed to cooperate the High Court in the early disposal of the writ petitions on remand. The present appeal is disposed of/allowed in the above terms. Pending applications, if any, shall dispose of. ITEM NO.22 COURT NO.12 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 588/2022 in C.A. No. 1574/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in C.A. No. 1574/2022 passed by the Supreme Court Of India) DELHI DEVELOPMENT AUTHORITY Appellant(s) VERSUS ASHOK KUMAR & ORS. Respondent(s)/ Applicant(s) (FOR ADMISSION and IA No.47729/2022-MODIFICATION OF COURT ORDER) Date : 08-04-2022 This matter was called on for hearing today. CORAM : HONBLE MR. JUSTICE M.R. SHAH HONBLE MRS. JUSTICE B.V. NAGARATHNA For Parties: Ms. Deepika V. Marwaha, Sr. Adv. Mr. Vinay K. Shailendra, Adv. Mr. Chandra Bhushan Prasad, AOR Ms. Worthing Kasar, Adv. Ms. Ravnika Johar, Adv. Mr. Sanjay Poddar, Sr. Adv. Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv. Ms. Astha Tyagi, AOR Mr. Dinesh Chander Trehan, Adv. UPON hearing the counsel the Court made the following O R D E R The present Application is allowed and the Appeal is disposed of/allowed in terms of the signed non-reportable order(s). Pending applications, if any, also stand disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER (Signed non-reportable orders are placed on the file) ITEM NO.22 COURT NO.12 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 588/2022 in C.A. No. 1574/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in C.A. No. 1574/2022 passed by the Supreme Court Of India) DELHI DEVELOPMENT AUTHORITY Appellant(s) VERSUS ASHOK KUMAR & ORS. Respondent(s)/ Applicant(s) (FOR ADMISSION and IA No.47729/2022-MODIFICATION OF COURT ORDER) Date : 08-04-2022 This matter was called on for hearing today. CORAM : HONBLE MR. JUSTICE M.R. SHAH HONBLE MRS. JUSTICE B.V. NAGARATHNA For Parties: Ms. Deepika V. Marwaha, Sr. Adv. Mr. Vinay K. Shailendra, Adv. Mr. Chandra Bhushan Prasad, AOR Ms. Worthing Kasar, Adv. Ms. Ravnika Johar, Adv. Mr. Sanjay Poddar, Sr. Adv. Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv. Ms. Astha Tyagi, AOR Mr. Dinesh Chander Trehan, Adv. CORAM : HONBLE MR. JUSTICE M.R. SHAH HONBLE MRS. JUSTICE B.V. NAGARATHNA For Parties: Ms. Deepika V. Marwaha, Sr. Adv. Mr. Vinay K. Shailendra, Adv. Mr. Chandra Bhushan Prasad, AOR Ms. Worthing Kasar, Adv. Ms. Ravnika Johar, Adv. Mr. Sanjay Poddar, Sr. Adv. Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv. Ms. Astha Tyagi, AOR Mr. Dinesh Chander Trehan, Adv. UPON hearing the counsel the Court made the following O R D E R We have heard Ms. Deepika V. Marwaha, learned Senior Advocate, appearing on behalf of the applicant(s) and Mr. Sanjay Poddar, learned Senior Advocate, appearing on behalf of the Delhi Development Authority. The present Miscellaneous Application stands allowed. Reasoned Order to follow.