Govt Of Nct Of Delhi vs. Somenti Devi Verma

Court:Supreme Court of India
Judge:Hon'ble Surya Kant
Case Status:Pending
Order Date:13 Jan 2023
CNR:SCIN010191492024

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ITEM NO.13 COURT NO.4 SECTION XIV

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

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 8413/2022

(Arising out of impugned final judgment and order dated 24-08-2015 in WP(C) No. 6963/2014 passed by the High Court Of Delhi At New Delhi)

GOVERNMENT OF NCT OF DELHI & ANR. Petitioner(s)

VERSUS

M/S BEADS PROPERTIES PVT. LTD. & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.1199/2023-CONDONATION OF DELAY IN FILING and IA No.1201/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1202/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS )

Date : 13-01-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR

For Petitioner(s)Mr. Atul Kumar, AOR
Ms. Sweety Singh, Adv.
Ms. Archana Kumari, Adv.
Mr. Rahul Pandey, Adv.
Mr. Rajiv Ranjan, Adv.

For Respondent(s)

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

It is the case on behalf of the petitioners that, in the present case, the compensation in part was deposited in the Court and in part in the Government treasury. It is submitted that despite the above and relying upon the decision of decision of this Court in the case of Pune Municipal Corporation and Another vs. Harakchand Misirimal Solanki and Others reported in (2014) 3 SCC 183, the High Court has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section Digitally signed by R Natarajan Date: 2023.01.16 10:57:31 IST Reason: Signature Not Verified

24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act"). It is submitted that even the original writ petitioner was not the recorded owner and the recorded owners were the persons other than the petitioner and therefore, the original writ petitioner had no locus to challenge the acquisition proceedings as observed and held by this Court in catena of decisions.

Issue notice on the application for condonation of delay as well as on the Special Leave Petition, returnable on 27.02.2023.

Dasti**, in addition, is permitted.**

Respondents be served within a period of 10 days from today.

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

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