Lara Industries(P) Ltd. Through Its Director Shri Yash Pal Aggarwal vs. The State Of Haryana Through The Commissioner And Secretary

SECTION IV B Listed No.16.9.2014 Court No.1 IN THE SUPREME COURT OF INDIA Item No.9 CIVIL APPELLATE JURISDICTION

PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS. 16426-16427 OF 2011 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NOS. 1-2 (Application for condonation of delay in filing SLP) M/s Lara Industries (P) Ltd. ...Petitioner(s) Versus State of Haryana & Ors. ...Respondent(s)

OFFICE REPORT

The matters above mentioned were listed before the Hon'ble Court on 20.6.2011, when the Court was pleased to pass the following order :-

" Exemption allowed. Issue notice on the application for condonation of delay as well as on Special Leave Petitions. There shall be stay of dispossession in the meantime."

Accordingly show cause notice by registered AD Post was issued on 13.7.2011. Mr. Kamal Mohan Gupta, Advocate has filed Vakalatnama/Memor of appearance on behalf of respondent Nos. 1 to 3 but have not filed counter affidavit so far. Dr. Ms. Monika Gusain, Advocate has filed Vakalatnama/Memo of Appearnce and counter affidavit on behalf of respondent No. 4. Copies of the same have already been included in the paper books. Counsel for the petitioner has filed Rejoinder Affidavit with Annexure P-12 and P-13 (Colly) alongwith application for exemption from filing O.T of Annexure P-12. Copies of the same have already been included in the paper books.

Service of show cause notice is complete.

The matters above mentioned were listed before the

Hon'ble Court on 4.12.2012, when the Court was pleased to pass the following order :-

" Mr. Manjit Singh, learned counsel for the Respondent No. 1 – State of Haryana prays for time for filing an additional affidavit on the following aspects:

(i) petitioner's factory is closed and non-functional; (ii) sectors 9 & 9A, Gurgaon (Haryana) in which the petitioner's land falls, are exclusively residential areas and its non-residential use, even if the subject land is released, cannot exceed ten years from the date of allotment/floating of sectors and the owner has to bring land use in conformity with the residential purpose;

(iii) disputed portion of petitioner's land ad-measuring 2020 sq. yards falls within the alignment of the road;

(iv) writ petition was filed by the petitioner after the Reference Court decided the petitioner's reference for enhancement of compensation.

2. Mr. Manjit Singh, learned counsel for the State of Haryana submits that along with the additional affidavit, sketch map of the site shall also be placed on record.

3. Additional affidavit may be filed within three weeks.

4. Response to the above additional affidavit may be filed by way of an affidavit by the petitioner within three weeks thereafter.

5. List the matter after six weeks."

It is further submitted that Dr. Ms. Monika Gusain, Counsel for the respondent No. 4 has filed a copy of Sajara-cum-Layout-plan. Copies of the same have already been included in the paper books.

It is further submitted that Mr. Kamal Mohan Gupta, counsel for the respondents (State of Haryana) in terms of Order dated 4.12.2012 has on 5.3.2013 filed affidavit with Annexures R-1 to R-3. Copies of the same have already been included in the paper books.

The matters above mentioned were listed before the Hon'ble Court on 5.4.2013, when the Court was pleased to pass the following order :-

" A letter has been circulated by the Advocate for the petitioner praying for adjournment for four weeks for filing response to the additional affidavit filed by the State of Haryana.

List the matter after four weeks. In the meanwhile, response to the additional affidavit filed by the State of Haryana may be filed by the petitioner."

It is submitted that Mr. Rahul Gupta, Counsel for the petitioner has on 3.5.2013 filed an affidavit with Annexures A-1 to A-10 in response to affidavit filed by the respondent (State of Haryana) in terms of Hon'ble Court's Order dated 4.12.2012 and 5.4.2013. Copies of the same have been included in the paper books.

The matter above mentioned was listed before the Hon'ble Court on 23.8.2013, when the Court was pleased to pass the following order :-

" List the matter for final disposal on a non-miscellaneous day in February , 2014, i.e., on February 4, 2014."

Service of show cause notice is complete.

The matters are listed before the Hon'ble Court with this office report.

Dated this the 15th day of September, 2014.

ASSISTANT REGISTRAR

Copy to:-Mr. Rahul Gupta, Adv. Dr. (Mrs.) Monika Gusain,Adv. Mr. Kamal Mohan Gupta, Adv.

ASSISTANT REGISTRAR