Taml Nadu Housing Board vs. A. R. K. Varadarajan
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Order Issued After Hearing
Purpose:
After Week/Month/Vacation
Before:
Hon'ble Bela M. Trivedi, Hon'ble Satish Chandra Sharma
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
Leave Granted & Disposed off
Listed On:
23 Sept 2024
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
92756/2019,
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10859/2024 (@Petition for Special Leave to Appeal (C) No.3083/2019)
TAML NADU HOUSING BOARD & ANR. Appellant(s)
VERSUS
A.R.K. VARADARAJAN & ORS. Respondent(s)
O R D E R
1. Leave granted.
Digitally signed by VISHAL ANAND Date: 2024.09.25 17:44:47 IST Reason:
2. The impugned order dated 06-02-2018 passed by the High Court of Judicature at Madras, whereby the Writ Appeal No.19/2018 filed by the appellants – herein was dismissed, is under challenge before this Court.
3. Having heard the learned counsels for the parties 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 matters are required to be remitted to the High Court for fresh consideration. 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 disposed of in above terms.
…………………………………….J (BELA M. TRIVEDI)
………………………………………………….J (SATISH CHANDRA SHARMA)
NEW DELHI; 23RD SEPTEMBER, 2024. ITEM NO.50 COURT NO.13 SECTION XII
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.3083/2019
(Arising out of impugned final judgment and order dated 06-02-2018 in WA No. 19/2018 passed by the High Court of Judicature at Madras)
TAML NADU HOUSING BOARD & ANR. Petitioner(s)
VERSUS
A.R.K. VARADARAJAN & ORS. Respondent(s)
(IA No. 92756/2019 - RECALLING THE COURTS ORDER)
Date : 23-09-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA
For Petitioner(s)
Mr. M. Yogesh Kanna, AOR
Ms. G. Indira, AOR
Mr. P Gandepan, Adv. For Respondent(s)
Mr. Balaji Srinivasan, AOR Ms. Harsha Tripathi, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. The appeal stands disposed of, in terms of the signed order.
3. Pending application also stands disposed of.
(VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (Signed Order is placed on the file)