The State Of Haryana vs. Ranbir

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2668/2024 (@Petition for Special Leave to Appeal (C) No.5891/2019)

THE STATE OF HARYANA & ANR. …Petitioner(s)

VERSUS

RANBIR & ORS. …Respondent(s)

O R D E R

1. Leave granted.

2. The impugned order dated 27-11-2017 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the Civil Writ Petition No.18349/2015 filed by the respondents – herein was allowed, is under challenge before this Court.

3. Having heard the learned counsel for the appellants and the learned counsel for the respondents at length and carefully perusing the material placed on record, it appears that the High Court had declared the acquisition proceedings in question as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, it is not disputed by the learned counsels for the parties that in view of the later decision in the case of " Indore Development Authority vs. Manoharlal And Ors. Etc." reported in (2020) 8 SCC (129), the matter is required to be remitted to the High Court for fresh consideration. Digitally signed by VISHAL ANAND Date: 2024.02.20 18:51:21 IST Reason: Signature Not Verified

4. In view of the above, the impugned order passed by the High Court is set aside and the matter is remitted to the High Court for fresh consideration in the light of the Judgment in the case of Indore Development Authority (supra).

5. It is clarified that all contentions are kept open to be raised by both the parties as may be legally permissible.

6. The appeal stands allowed in above terms.

…………………………………………….J (BELA M. TRIVEDI)

…………………………………………….J (PANKAJ MITHAL)

NEW DELHI; 16TH FEBRUARY 2024. ITEM NO.70 COURT NO.14 SECTION IV-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No.5891/2019

(Arising out of impugned final judgment and order dated 27-11-2017 in CWP No. 18349/2015 passed by the High Court of Punjab & Haryana at Chandigarh)

THE STATE OF HARYANA & ANR. Petitioner(s)

VERSUS

RANBIR & ORS. Respondent(s)

(IA No. 30227/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 30229/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 16-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL

For Petitioner(s) Mr. Samar Vijay Singh, AOR Mr. B.k. Satija, A.A.G. Ms. Sabarni Som, Adv. Mr. Fateh Singh, Adv. For Respondent(s) Mr. Vibhu Shanker Mishra And Co., AOR

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

1. Exemption Application is allowed.

2. Leave granted.

3. The appeal stands allowed, in terms of the signed order.

4. Pending application also stands disposed of.

(VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed Order is placed on the file)