Govt. Of Nct Delhi vs. Ombir Singh
AI Summary
The Supreme Court has issued notice in a Special Leave Petition challenging a Delhi High Court order, which relied on a decision subsequently overruled by a Constitution Bench. This signals a potential review of the High Court's judgment, particularly concerning the applicability of the landmark 'Indore Development Authority' case on land acquisition.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Govt. of NCT of Delhi filed a Special Leave Petition challenging an order of the High Court of Delhi dated October 10, 2018. The petitioner contends that the High Court, in passing its impugned order, relied on a Supreme Court decision in 'Pune Municipal Corporation' which has since been overruled by a Constitution Bench of the Supreme Court in 'Indore Development Authority'.
Timeline of Events
Supreme Court rendered decision in Pune Municipal Corporation case.
High Court of Delhi passed impugned order in WP(C) No. 19/2018, relying on Pune Municipal Corporation.
Supreme Court Constitution Bench rendered decision in Indore Development Authority, overruling Pune Municipal Corporation.
Supreme Court hears Special Leave Petition (Civil) Diary No. 3097/2022, challenging the High Court order.
Key Factual Findings
The High Court, in its impugned judgment, relied upon the decision of this Court in 'Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183'.
Source: Recited from Petitioner Pleading
The 'Pune Municipal Corporation' decision has been subsequently overruled by the Constitution Bench decision of this Court in 'Indore Development Authority vs. Manoharlal and Others, (2018) 8 SCC 129'.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
The petitioner argues that the impugned judgment of the High Court is flawed because it relied on the 'Pune Municipal Corporation' decision, which has since been expressly overruled by the Constitution Bench in 'Indore Development Authority'.
Court's Reasoning
The Court acknowledged the petitioner's submission regarding the High Court's reliance on an overruled Supreme Court precedent ('Pune Municipal Corporation') and the subsequent binding nature of the Constitution Bench decision ('Indore Development Authority'). In light of this, the Court found it appropriate to issue notice in the Special Leave Petition and the application for condonation of delay.
- Emphasis on Correct Application of Precedent
- Strict Adherence to Binding Authority
Impugned Orders
Specific Directions
- 1.Issue notice on the application for condonation of delay as well as on the Special Leave Petition, making it returnable on 06.09.2022.
- 2.Dasti service, in addition, is permitted.
- 3.The respondents be served within a period of one week from today.
- 4.To be heard and notified with SLP (C) D. NO. 36460/2018 and other allied matters.
Precedential Assessment
Non-Binding (Procedural)
This is an interim procedural order issuing notice and tagging, not a substantive decision on the merits of the case.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
25 Jul 2022
Original Order Copy
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Order Text
COURT NO.11
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No. 3097/2022
(Arising out of impugned final judgment and order dated 10-10-2018 in WP(C) No. 19/2018 passed by the High Court Of Delhi at New Delhi)
GOVT. OF NCT OF DELHI
Petitioner(s)
VERSUS
VIKAS & ORS.
Respondent(s)
(FOR ADMISSION and I.R. and IA No.77676/2022-CONDONATION OF DELAY IN FILING and IA No.77677/2022-EXEMPTION FROM FILING O.T. ) Date: 25-07-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Chandra Prakash, AOR Mr. Vivek Singh, Adv. Mr. C.P. Rajwar, Adv. Mr. Abhishek Chaterjee, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following $0 R D E R$
Learned counsel appearing on behalf of the petitioner has submitted that, while passing the impugned judgment order, the High Court has relied upon the decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183 which has been subsequently overruled by the Constitution Bench decision of this Court in the case of Indore Development Authority vs. Manoharlal and Others, 20) 8 SCC 129.
In that view of the matter, issue notice on the application
<pre>contd..</pre>for condonation of delay as well as on the Special Leave Petition, making it returnable on 06.09.2022.
Dasti service, in addition, is permitted.
The respondents be served within a period of one week from today.
To be heard and notified with SLP (C) D. NO. 36460/2018 and other allied matters.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR