Bharat Petroleum Corporation Ltd. (Bpcl) vs. Nisar Ahmed Ganai

ITEM NOS. 13+54

COURT NO.10

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 8048-8050/2022

(Arising out of impugned final judgment and order dated 06-10-2021 in OWP No. 2555/2018 06-10-2021 in WP(C) No. 192/2021 06-10-2021 in WP(C) No. 463/2021 passed by the High Court Of Jammu & Kashmir And Ladakh At Jammu)

BHARAT PETROLEUM CORPORATION LTD. (BPCL) & ORS. Petitioner(s)

VERSUS

NISAR AHMED GANAI & ORS.

Respondent $(s)$

(FOR ADMISSION and I.R. and IA No.64470/2022-EXEMPTION FROM FILING No.64468/2022-PERMISSION TO FILE $0.T.$ $\quad\text{and}\quad$ $\mathbf{I}\mathbf{A}$ ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH

Special Leave Petition (C) Nos. 9629-9631 of 2022 IA No. 77214/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

Date: 20-05-2022 These petitions were called on for hearing today.

HON'BLE MR. JUSTICE M.R. SHAH CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Mr. K.M. Nataraj, ASG For Petitioner(s) Mr. Parijat Sinha, AOR Ms. Pallak Bhagat, Adv. Mr. Devesh Mishra, Adv. Ms. Reshmi Rea Sinha, Adv. Ms. Sanyukta Gupta, Adv. Ms. Akriti Jain, Adv. Mr. Vikramjit Banerjee, ASG Ms. Taruna Ardhendumauli Prasad, AOR Mr. Parth Awasthi, Adv. Ms. Shruti Agarwal, Adv. Mr. Nring Chamwibo Zeliang, Adv. $\checkmark$ Respondent(s) UPON hearing the counsel the Court made the following $0 R D E R$

Mr. K.M. Nataraj and Mr. Vikramjit Banerjee, learned ASG, appearing for the petitioners have heavily relied upon the recent decision of this Court in M.A. Nos. 1614—1616 of 2019 in M.A. Nos. 1346-1348 of 2019 in C.A. Nos. 7661-7663 of 2018 in the case of Bangalore Development Authority & Anr. vs. The State of Karnataka and Others**, more particularly, para 19 and has submitted that Section 24 of the 2013 Act shall be applicable only with respect to the non-declaration of the Award under the Land Acquisition Act, 1894 and not with respect to any other acquisition under any other law other than the Land Acquisition Act, 1894.**

Mr. Vikramjit Banerjee, learned ASG, appearing in the connected Special Leave Petition has additionally submitted that, even in the present case, in view of the pendency of the proceedings before the High Court the award given under the J&K Award could not be declared and therefore that period during which the stay was operating shall be excluded.

Issue notice, returnable on 18.07.2022.

Counter, if any, to be filed within a period of four weeks from the date of service of the notice and Rejoinder to be filed within a period of two weeks thereafter.

In the meantime, the interim orders passed by the High Court are ordered to be stayed.

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

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