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JOG RAJ v. UNION OF INDIA .

Supreme Court of India | Diary 1001/2011

Status

ROP - of Main Case

Decided On

30-09-2013

Bench

Petitioner

JOG RAJ

Respondent

UNION OF INDIA .

Primary Holding

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Full Judgment Text

ITEM NO.37 COURT NO.9 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO.33 OF 2011SUDHA DEVI Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(WITH OFFICE REPORT) WITHW.P.(C) NO. 34/2011(WITH OFFICE REPORT)Date: 30/09/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Nitin Kumar Thakur, Adv.(N/P)For Respondent(s) Mr. S.K. Bagaria, ASG Mr. T.A. Khan, Adv. Mr. C.K. Sharma, Adv. Mr. B.K. Prasad, Adv. Mr. Alka Agrawal, Adv. Mr. Anuvrat Sharma, Adv. UPON hearing counsel the Court made the following O R D E R The writ petitions are dismissed for non-prosecution in terms of the signed order.|(VINOD LAKHINA) | |(INDU BALA KAPUR) ||COURT MASTER | |COURT MASTER | (SIGNED ORDER IS PLACED ON THE FILE) IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.33 OF 2011 SUDHA DEVI ...PETITIONER VERSUS UNION OF INDIA & ORS. ...RESPONDENTS WITH WRIT PETITION (CIVIL) NO.34 OF 2011 JOG RAJ ...PETITIONER

VERSUS UNION OF INDIA & ORS. ...RESPONDENTS ORDER On 15th July, 2013, this Court had passed an order adjourning these matters in the interests of justice in spite of the fact that none had been appearing on behalf of the petitioners for quite some time. It was also observed that if no one appears on behalf of the petitioners on the next date of hearing, the writ petitions shall stand dismissed without further reference to the Court. Today, again, no one appears on behalf of the petitioners. Consequently, the writ petitions are dismissed for non- prosecution. ....................,J. (SURINDER SINGH NIJJAR) ...............................,J. (FAKKIR MOHAMED IBRAHIM KALIFULLA) NEW DELHI SEPTEMBER 3O, 2013

¸ITEM NO.50 COURT NO.12 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO. 33 OF 2011SUDHA DEVI Petitioner(s) VERSUSUNION OF INDIA & ORS. Respondent(s)(With office report)WITHW.P(C) NO. 34 of 2011(With office report)Date:21/09/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE H.L. GOKHALEFor Petitioner(s) Mr. Debasis Misra,Adv. (not present)For Respondent(s) Mr. Wasim Quadri,Adv. Mr. Raman Yadav,Adv. Mr. Anuvrat Sharma,Adv. UPON hearing counsel the Court made the following O R D E R None appears for the petitioners. The writ petitions are dismissed for default of non- prosecution. (A.S. BISHT) (INDU BALA KAPUR) COURT MASTER COURT MASTER

< 1ITEM NO.53 COURT NO.11 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) D.NO(s). 33 OF 2011 (FOR PREL.HEARING)JAIPAL SINGH Petitioner(s) VERSUSLAND ACQUISITION COLLECTOR AND ORS. Respondent(s)(With appln(s) for permission to appear and argue in person andoffice report)Date: 21/02/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE ASOK KUMAR GANGULYFor Petitioner(s) Petitioner-in-PersonFor Respondent(s) UPON hearing counsel the Court made the following O R D E R I.A. No.2 of 2011 is rejected being wholly misconceived. In this petition filed under Article 32 read with Article 142 of the Constitution of India, the petitioner has made the following prayers: 1. Issue a Writ of Certiorari and/or pass appropriate order(s) quashing the collective orders dated 24.03.2007, 28.03.2007 & 04.04.2007 of the Land Acquisition Collector (North-West Delhi) as violative of Article 14 of the Constitution of India and also violative of the 12.05.2008 judgment of the Hon'ble High Court of Delhi passed in W.P. (C) No.5078/2007, which has been upheld by the 07.10.2010 order of this Hon'ble Court passed in C.A.No.8218/2009. 2. Issue a Writ of Mandamus and/or pass appropriate order(s) to the L.A.C. directing him to allot the petitioner only 10% share of compensation of the possessed 25 bighas 15 biswas portion of Part-3 land of 57 biswas (Item No.40 to 42 of Award No.25/2005-06/DC/NW). 2 3. Interpret, clarify and pass appropriate writ(s) and/or order(s) to implement and enforce the compromise and orders dated 18.05.2006 & 19.05.2006 of this Hon'ble Court reached and passed in C.A. No.7040/2000 on the unpossessed 32 bighas portion of Part-3 land in accordance with Article 14 of Constitution of India in view of the changed circumstances since the compromise and in light of the 12.05.2008 judgment of the Hon'ble High Court of Delhi passed in W.P.(C) No.5078/2007, which has been upheld by the 07.10.2010 order of this Hon'ble Court passed in C.A. No.8218/2009.

We have heard Shri Subhash Vijayran, eldest son and power of attorney holder of the petitioner and perused the record. In our view, the orders dated 24.03.2007, 28.03.2007 and 04.04.2007 passed by the Land Acquisition Collector cannot be nullified under Article 32 read with Article 142 of the Constitution of India. The writ petition is accordingly dismissed.( Rama Chopra ) ( Phoolan Wati Arora ) P.A. Court Master

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