IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.42745 OF 2022] IN CIVIL APPEAL NO.6187/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. MAHENDER SINGH AND ANR. RESPONDENTS O R D E R 1. Delay condoned. 2. As per the applicant-Delhi Development Authority, respondent no.1, i.e., the writ petitioner before the High Court, claimed interest in the subject land on the basis of an unregistered General Power of Attorney executed on 24.09.2014. 3. Accordingly, the Miscellaneous Application for recalling of order is allowed, and the order dated 04.05.2017 in Civil Appeal No.6187/2017 is recalled. Civil Appeal No. 6187/2017 4. It is clear from the facts noticed above that this case falls 1
within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported as (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 25.08.2016 is set aside, WP (C) No.6994/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine whether there was a valid transfer of title in the acquired land before issuance of Section 4 notification and if so, who will be entitled to payment of compensation in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 28.04.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the above- mentioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their valid title and/or they are found entitled to receive compensation, they shall be entitled to such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , 2
(2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; MARCH 05, 2025 3
IN THE SUPREME COURT OF INDIA CIVIL/INHERENT APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.23142 OF 2023] IN REVIEW PETITION (C) D. NO.15269/2021 IN CIVIL APPEAL NO.8576/2016 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. MAAN SINGH AND ORS. RESPONDENTS WITH MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.6523 OF 2023] IN REVIEW PETITION (C) D. NO.27181/2021 IN CIVIL APPEAL NO.6132/2017 WITH MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.33298 OF 2023] IN CIVIL APPEAL NO.8697/2016 O R D E R 1. Delay condoned. 4
2. Learned senior counsel for the parties are ad idem that the issue involved in the instant case squarely falls within the ambit of our decision in Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. 3. Consequently, the respondents-land owners shall be entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure prescribed in paragraph 128 of K.L. Rathi (supra) , which reads as follows: 128. Under the circumstances, dismissal of the RPs and miscellaneous applications would have been logical and we could have ended our judgment here by ordering so. However, there is something more of a balancing act that needs to be done having regard to the disclosures that were made in course of progress of other proceedings before us, which followed immediately after judgment on this set of RPs and miscellaneous applications was reserved. Such other proceedings arose out of appeals carried from orders of the High Court declaring land acquisition proceedings as lapsed based on the decision in Pune Municipal Corporation (supra) as distinguished from RPs and miscellaneous applications of the nature under consideration. Since all such proceedings have more or less a common genesis and have followed similar trajectory, it would be eminently desirable to find a solution that benefits all. We may hasten to add here that the exercise of inherent powers conferred on this Court by Article 142, in such circumstances, is not just inevitable but also pivotal for disposal of the matters at hand, given their impact on public interest at large as well as to secure uniformity and consistency in our decisions; hence, we consider it expedient to pass such orders or directions for ensuring complete justice in the matters under consideration before us. Notwithstanding our discussion on the reference which was necessitated to answer the question of 5
law on which there was a disagreement between the Hon’ble Judges of the Division Bench, taking an overall and holistic view of the matter and in the light of the larger public interest that is involved, in each of the RPs and miscellaneous applications that have been dealt with by this judgment (except those remanded to the High Court and those de-tagged for separate listing infra), we issue the following directions: a) The time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 Act is extended by a year starting from 01 st August, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as per law, shall follow; b) The parties shall maintain status quo regarding possession, change of land use and creation of third-party rights till fresh acquisition proceedings, as directed above, are completed; c) Since the landowners are not primarily dependent upon the subject lands as their source of sustenance and most of these lands were/are under use for other than agricultural purposes, we deem it appropriate to invoke our powers under Article 142 of the Constitution and dispense with the compliance of Chapters II and III of the 2013 Act whereunder it is essential to prepare a Social Impact Assessment Study Report and/or to develop alternative multi-crop irrigated agricultural land. We do so to ensure that the timeline of one year extended at (a) above to complete the acquisition process can be adhered to by the appellants and the GNCTD, which would also likely be beneficial to the expropriated landowners; d) Similarly, compliance with sections 13, 14, 16 to 20 of the 2013 Act can be dispensed with as the subject-lands are predominantly urban/semi- urban in nature and had earlier been acquired for public purposes of paramount importance. In order to simplify the compliance of direction at (a) above, it is further directed that every Notification issued under section 4(1) of the 1894 Act in this batch of cases, shall be treated as a Preliminary Notification within the meaning of section 11 of the 2013 Act, and shall be deemed to have been published as on 01 st January, 2014; e) The Collector shall provide hearing of 6
objections as per section 15 of the 2013 Act without insisting for any Social Impact Assessment Report and shall, thereafter, proceed to take necessary steps as per the procedure contemplated under section 21 onwards of Chapter- IV of 2013 Act, save and except where compliance of any provision has been expressly or impliedly dispensed with; f) The landowners may submit their objections within a period of four weeks from the date of pronouncement of this order. Such objections shall not question the legality of the acquisition process and shall be limited only to clauses (a) and (b) of section 15(1) of the 2013 Act; g) The Collector shall publish a public notice on his website and in one English and one vernacular newspapers, within two weeks of expiry of the period of four weeks granted under direction (f) above; h) The Collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 Act. The market value of the land shall be assessed as on 01 st January, 2014 and the compensation shall be awarded along with all other monetary benefits in accordance with the provisions of the 2013 Act except the claim like rehabilitation etc.; i) The Collector shall consider all the parameters prescribed under section 28 of the 2013 Act for determining the compensation for the acquired land. Similarly, the Collector shall determine the market value of the building or assets attached with the land in accordance with section 29 and shall further award solatium in accordance with section 30 of the 2013 Act; j) In the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of Chapter (V) pertaining to “Rehabilitation and Resettlement Award” is hereby dispensed with; and k) The expropriated landowners shall be entitled to seek reference for enhancement of compensation in accordance with Chapter-VIII of the 2013 Act. 4. It is clarified that the extension of one year, as granted to the Authorities for completion of acquisition in sub-para (a) 7
reproduced above, will commence from the date of this order. 5. The Miscellaneous Applications are, accordingly, disposed of. 6. As a result, pending interlocutory applications, if any, also stand disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; MARCH 05, 2025 8
IN THE SUPREME COURT OF INDIA CIVIL/INHERENT APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.6524 OF 2023] IN REVIEW PETITION (C) D. NO.4221/2022 IN CIVIL APPEAL NO.6138/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. JAWAHAR LAL CHHABRA AND ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. There appears to be a serious dispute over title of the acquired land. According to the applicant-Delhi Development Authority, respondent no.1 and other persons derived their interest in the acquired land through an Assignment Deed dated 09.09.1994. Further, learned counsel for the original owner(s) submits that no assignment deed was executed in favour of respondent no.1-Jawhar Lal Chhabra and others. 3. Accordingly, the Miscellaneous Application for recalling of order, as also Review Petition (C) Diary No.4221/2021 are allowed, and the order dated 04.05.2017 in Civil Appeal No.6138/2017 is 9
recalled. Civil Appeal No. 6138/2017 4. It is clear from the facts noticed above that this case falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported as (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 08.12.2014 is set aside, WP (C) No.1702/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine whether there was a valid transfer of title in the acquired land before issuance of Section 4 notification and if so, who will be entitled to payment of compensation in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 28.04.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the above- mentioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their valid title and/or they are found entitled to receive compensation, they shall be entitled to such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building 10
Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; MARCH 05, 2025 11
IN THE SUPREME COURT OF INDIA CIVIL/INHERENT APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.11767 OF 2023] IN REVIEW PETITION (C) D. NO.27340/2019 IN CIVIL APPEAL NO.6245/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. R.S. RETAIL STORES PVT. LTD. AND ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. Having heard learned counsel for the parties, we find that various issues, like the legality of the SPA executed as late as on 15.07.2008, after the acquisition which attained finality in the year 1987-1988, the legality of the sale deed registered in Mumbai, and the resultant concealment of facts, if any, arise for 12
consideration in this case. 3. It is also pointed out that Civil Appeal No.6613/2024 titled ‘Government of NCT of Delhi vs. RS Retail Stores Private Limited and others’ stands partly allowed by us vide judgment dated 17.05.2024 reported as ‘ Government of NCT of Delhi and another vs. BSK Realtors LLP and another ’, (2024) 7 SCC 370, wherein, as Item 7 in Group E of the judgement, the impugned judgement of the High Court was set aside and the matter was remitted to the High Court for fresh adjudication. It, thus, appears that the above-mentioned issues have already been identified by us and the matter has accordingly been remanded. 4. In view of the fact that the impugned judgement of the High Court has already been set aside, and the matter is before the High Court, the instant Miscellaneous Application is dismissed as having become infructuous. 5. It is clarified that in the matter pending before the High Court, all contentions are kept open. The parties shall be at liberty to produce the relevant material before the High Court in respect of the abovementioned issues, which shall be examined as per their own merits. 6. It goes without saying that if the respondents-owners are able to establish their valid title and/or they are found entitled to receive compensation, they shall be paid such compensation under the 2013 Act in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels 13
Limited and others , (2024) 7 SCC 315. Ordered accordingly. 7. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; MARCH 05, 2025 14
IN THE SUPREME COURT OF INDIA CIVIL/INHERENT APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.12978 OF 2023] IN REVIEW PETITION (C) D. NO.26039/2019 IN CIVIL APPEAL NO.6291/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. JAVED KHAN AND ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. Learned counsel for the parties do not dispute the fact that the respondents are the subsequent purchasers through a sale deed dated 23.01.1992, whereas the acquisition had been initiated in 1980. 3. Accordingly, the Miscellaneous Application for recalling of order, as also Review Petition (C) Diary No.26039/2019, are allowed, and the order dated 04.05.2017 in Civil Appeal No.6291/2017 is recalled. 15
Civil Appeal No. 6291/2017 4. It is clear from the facts noticed above that this case falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported as (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 06.07.2015 is set aside, WP (C) No.8100/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine whether there was a valid transfer of title in the acquired land before issuance of Section 4 notification and if so, who will be entitled to payment of compensation in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 28.04.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the above- mentioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their valid title and/or they are found entitled to receive compensation, they shall be entitled to such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building 16
Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; MARCH 05, 2025 17
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.14584 OF 2023] IN CIVIL APPEAL NO.6146/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. ARUN MEHRA AND ORS. RESPONDENTS WITH MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.14601 OF 2023] IN REVIEW PETITION (C) D. NO.5362/2020 IN CIVIL APPEAL NO.6146/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. ARUN MEHRA AND ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. Learned counsel for the applicant-Delhi Development Authority asserts that respondent no.1-Arun Mehra obtained interest in the property through a General Power-of-Attorney dated 22.01.1991, whereas the acquisition had been initiated in 1980. 3. Accordingly, the Miscellaneous Applications for recalling of order, as also Review Petition (C) Diary No.5362/2020, are allowed, 18
and the order dated 04.05.2017 in Civil Appeal No.6146/2017 is recalled. Civil Appeal No. 6146/2017 4. It is clear from the facts noticed above that this case falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported as (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 16.09.2014 is set aside, WP (C) No.3836/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine whether there was a valid transfer of title in the acquired land before issuance of Section 4 notification and if so, who will be entitled to payment of compensation in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 28.04.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the above- mentioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their valid title and/or they are found entitled to receive compensation, they shall be entitled to such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of 19
Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; MARCH 05, 2025 20
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.22524 OF 2023] IN CIVIL APPEAL NO.6228/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. M/S. GOODVIEW APARTMENTS PVT. LTD. AND ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. Having heard learned counsel for the parties, we find that respondent no.1 derives its title over the property through a sale deed dated 18.06.1996, whereas the acquisition took place way back on 05.06.1987. 3. Accordingly, the Miscellaneous Application for recalling of order is allowed, and the order dated 04.05.2017 in Civil Appeal No.6228/2017 is recalled. 21
Civil Appeal No. 6228/2017 4. It is clear from the facts noticed above that this case falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported as (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 25.05.2015 is set aside, WP (C) No.7728/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine whether there was a valid transfer of title in the acquired land before issuance of Section 4 notification and if so, who will be entitled to payment of compensation in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 28.04.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the above- mentioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their valid title and/or they are found entitled to receive compensation, they shall be entitled to such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building 22
Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; MARCH 0, 2025 23
ITEM NO.6 COURT NO.3 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION………………. Diary No(s). 42745/2022 [Arising out of impugned final judgment and order dated 04-05-2017 in C.A. No.6187/2017 passed by the Supreme Court of India] DELHI DEVELOMENT AUTHORITY Petitioner(s) VERSUS MAHENDER SINGH & ANR. Respondent(s) (IA No. 59442/2023 - CONDONATION OF DELAY IN FILING, IA No.205357/2022 - RECALLING THE COURTS ORDER) WITH Diary No(s).23142/2023 (XIV-A) IA No. 112727/2023 - CONDONATION OF DELAY IN FILING IA No. 112726/2023 - RECALLING THE COURTS ORDER Diary No(s). 6523/2023 (XIV-A) IA No. 33043/2023 - CONDONATION OF DELAY IN FILING IA No. 33041/2023 - RECALLING THE COURTS ORDER Diary No(s). 6524/2023 (XIV-A) IA No. 33042/2023 - CONDONATION OF DELAY IN FILING IA No. 33039/2023 - RECALLING THE COURTS ORDER Diary No(s). 11767/2023 (XIV-A) IA No. 57785/2023- Application for Condonation of delay in filing M.A., IA No. 57784/2023 - RECALLING THE COURTS ORDER IA No. 57785/2023 - RECALLING THE COURTS ORDER Diary No(s). 12978/2023 (XIV-A) IA No. 64709/2023 - CONDONATION OF DELAY IN FILING IA No. 64708/2023 - RECALLING THE COURTS ORDER Diary No(s). 13420/2023 (XIV-A) IA No. 131237/2023 - CONDONATION OF DELAY IN FILING IA No. 66347/2023 - RECALLING THE COURTS ORDER Diary No(s). 14584/2023 (XIV-A) IA No. 71274/2023 - CONDONATION OF DELAY IN FILING IA No. 71275/2023 - RECALLING THE COURTS ORDER Diary No(s). 14601/2023 (XIV-A) IA No. 71310/2023 - CONDONATION OF DELAY IN FILING IA No. 71308/2023 - RECALLING THE COURTS ORDER 24
Diary No(s). 21344/2023 (XIV-A) IA No. 105106/2023 - CONDONATION OF DELAY IN FILING IA No. 105108/2023 - EXEMPTION FROM FILING O.T. IA No. 105101/2023 - RECALLING THE COURTS ORDER Diary No(s). 22524/2023 (XIV-A) IA No. 110340/2023 - CONDONATION OF DELAY IN FILING IA No. 110338/2023 - RECALLING THE COURTS ORDER Diary No(s). 27415/2023 (XIV-A) IA No. 166957/2023 - CONDONATION OF DELAY IN FILING IA No. 166958/2023 - EXEMPTION FROM FILING PAPER BOOKS IA No. 130925/2023 - RECALLING THE COURTS ORDER Diary No(s). 33298/2023 (XIV-A) IA No. 153912/2024 - CLARIFICATION/DIRECTION IA No. 175628/2024 - CONDONATION OF DELAY IN FILING IA No. 162108/2023 - RECALLING THE COURTS ORDER Diary No(s). 7295/2024 (XIV-A) IA No. 40166/2024 - CONDONATION OF DELAY IN FILING IA No. 40160/2024 - RECALLING THE COURTS ORDER Date : 05-03-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) :Mr. Sanjay Poddar, Sr. Adv. Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv. Mr. Gautam Yadav, Adv. Ms. Malvika Singh, Adv. Ms. Binu Tamta, AOR Mr. Sanjay Parikh, Sr. Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Sharma, Adv. Ms. Anupama Ngangom, Adv. Ms. Rajkumari Divyasana, Adv. Mr. Nishit Agrawal, AOR Ms. Shalini Chandra, AOR Ms. Nandita Mishra, Adv. Ms. Sunieta Ojha, AOR M/S. Saharya & Co., AOR Mr. Sanjay Poddar, Sr. Adv. 25
Ms. Malvika Kapila, AOR Ms. Tanwangi Shukla, Adv. Ms. Harbani Shinh, Adv. Mr. Sanjay Poddar, Sr. Adv. Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv. Mr. Shubham Shukla, Adv. Mr. Aditya Kashyap, Adv. Ms. Sujeeta Srivastava, AOR Mr. Sanjay Poddar, Sr. Adv. Ms. Niharika Ahluwalia, AOR Mr. Arpit Sharma, Adv. Mr. Himaghn Jain, Adv. Ms. Sonakshi Chaturvedi, Adv. Mr. Mihir Gupta, Adv. For Respondent(s) :Ms. Ranjeeta Rohatgi, AOR Ms. Shrika Gautam, Adv. Dr. Sumant Bharadwaj, Adv. Mr. Vedant Bharadwaj, Adv. Ms. Mridula Ray Bharadwaj, AOR Mr. D.M. Sharma, Adv. Ms. Surbhi Sharma, Adv. Mr. Jayant Mehta, Sr. Adv. Mr. Bharat Beniwal, Adv. Mr. Rajiv Ranjan Dwivedi, AOR Mr. Vishal, Adv. Mrs. Subhadra Dwivedi, Adv. Mr. Rahul, Adv. Ms. Smita Maan, AOR Mr. T. L. Garg, AOR Mr. Rajender Pd. Saxena, AOR Mr. Rajendra Prasad Saxena, Adv. Mr. N.p. Sahni, Adv. Mr. Vineet Sinha, Adv. Mr. Satya Darshi Sanjay, A.S.G. Mr. B.k. Satija, Adv. Mr. Padmesh Mishra, Adv. Samta Pushkarna Mishra, Adv. Mr. Gautam Kumar, Adv. Mr. Manish, Adv. Mr. Vishnu Kant, Adv. Dr. N. Visakamurthy, AOR 26
Ms. Sujeeta Srivastava, AOR Mr. Sumit Bansal, Sr. Adv. Mr. Udaibir Singh Kochar, Adv. Mr. Utsav Garg, Adv. Mr. Ananta Prasad Mishra, AOR Mr. Chandra Prakash, AOR Mr. Vivek Singh, Adv. Mr. C.p. Rajwar, Adv. Mr. Binay Kumar, Adv. Mr. Abhinav Kumar, Adv. Mr. Abhishek Chaterjee, Adv. Mr. Sanjay Kumar Pathak, Adv. Mr. Amitabh Kumar Verma, Adv. Ms. Neha Amola, Adv. Mr. Babu Malayil, Adv. Mr. Rajesh Singh Chauhan, AOR Mr. Prithvi Pal, AOR Mr. S K Rout, Adv. Mr. Onkar Prasad, Adv. Mr. Ganesh Singh, Adv. Mr. Amit Acharya, Adv. Mr. Aman Mehrotra, Adv. Mr. Priyonkoo Anjan Gogoi, Adv. Mr. Gaurav Kumar, Adv. Mr. Rahul, Adv. Mrs. Sutada Ghose, Adv. Ms. Neeru Vaid, AOR Mr. N.S. Vasisht, Adv. Ms. Jyoti Kataria, Adv. UPON hearing the counsel, the Court made the following O R D E R M.A. Diary No(s).42745/2022 in C.A. No.6187/2017, M.A. Diary No(s).22524/2023 in C.A. No.6228/2017 1. Delay condoned. 2. The Miscellaneous Applications are allowed and the appeals are partly allowed in terms of the signed order. 3. All pending applications, if any, also stand disposed of. 27
M.A. Diary No(s).23142/2023 in R.P(C) D.15269/2021 in C.A. No.8576/2016 M.A. Diary No(s).6523/2023 in R.P(C) D.27181/2021 in C.A. No.6132/2017 M.A. Diary No(s).33298/2023 in C.A. No.8697/2016 4. Delay condoned. 5. The Miscellaneous Applications are disposed of in terms of the signed order. 6. All pending applications, if any, also stand disposed of. M.A. Diary No(s).11767/2023 in R.P(C) D.27340/2019 in C.A. No.6245/2017 7. Delay condoned. 8. The Miscellaneous Application is dismissed as infructuous in terms of the signed order. 9. All pending applications, if any, also stand disposed of. M.A. Diary No(s).14584/2023 in C.A. No.6146/2017 M.A. Diary No(s).14601/2023 in R.P(C) D.5362/2020 in C.A. No.6146/2017 M.A. Diary No(s).6524/2023 in R.P(C) D.4221/2022 in C.A. No.6138/2017 M.A. Diary No(s).12978/2023 in R.P(C) D.26039/2019 in C.A. No.6291/2017 10. Delay condoned. 11. The Miscellaneous Applications as well as Review Petitions are allowed and civil appeals are partly allowed in terms of the signed order. 12. All pending applications, if any, also stand disposed of. Diary No(s).13420/2023 in C.A. No.6227/2017 13. As per the office report service is incomplete. The unserved respondents may be served through dasti notice and if not found residing in the given address, then they may be served through 28
substituted service, returnable on 16.04.2025. Diary No(s).21344/2023 14. List on 16.04.2025. Diary No.27415/2023 15. List along with SLP(C) No.16016/2021, Diary No.26635/2018, Diary No.27410/2023, Diary No.32129/2024, Diary No.36411/2024, Diary No.36883/2024, Diary No.36912/2024, Diary No.36921/2024, Diary No.36942/2024, Diary No.37028/2024, Diary No.37032/2024. Diary No.37033/2024, Diary No.37036/2024, Diary No.37063/2024, Diary No.37069/2024, Diary No.37071/2024, Diary No.37075/2024, Diary No.37093/2024 & Diary No.37373/2024. (List of cases is enclosed with the ROP) 16 Diary No.36411/2024 may be treated as lead case. Diary No(s).7295/2024 17. List on 16.04.2025. (ARJUN BISHT) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (signed orders in M.A. Diary No(s).42745/2022 in C.A. No.6187/2017, M.A. Diary No(s).22524/2023 in C.A. No.6228/2017, M.A. Diary No(s).23142/2023 in R.P(C) D.15269/2021 in C.A. No.8576/2016, M.A. Diary No(s).6523/2023 in R.P(C) D.27181/2021 in C.A. No.6132/2017, M.A. Diary No(s).33298/2023 in C.A. No.8697/2016, M.A. Diary No(s).11767/2023 in R.P(C) D.27340/2019 in C.A. No.6245/2017, M.A. Diary No(s).14584/2023 in C.A. No.6146/2017, M.A. Diary No(s).14601/2023 in R.P(C) D.5362/2020 in C.A. No.6146/2017, M.A. Diary No(s).6524/2023 in R.P(C) D.4221/2022 in C.A. No.6138/2017, M.A. Diary No(s).12978/2023 in R.P(C) D.26039/2019 in C.A. No.6291/2017 are placed on the file) 29
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.12635 OF 2023] IN CIVIL APPEAL NO.8154/2016 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. ARCHANA KHANNA & ORS. RESPONDENTS WITH MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.12639 OF 2023] IN DIARY NO.15267/2021 IN CIVIL APPEAL NO.8154 OF 2016 & CIVIL APPEAL NO. OF 2025 [Arising out of SLP(C) No.943/2025 ) O R D E R 1. Delay condoned. 2. Leave granted. 3. The instant Miscellaneous Applications have been filed by DDA seeking recall of the orders dated 16.08.2016 and 10.08.2021 passed in Civil Appeal No.8154/2016 and Review Petition (C) Diary No.15267/2021, respectively. 1
4. The consequential prayer, including in the Civil Appeal arising out of SLP (C) No.943/2025 , is to set aside the judgement dated 14.12.2015 passed by the Delhi High Court in WP (C) No. 5563/2015 and remand the case to the High Court. The ground relied on for such relief is that past litigation by the landowner was concealed and the title of the landowner is clouded. 5. We, however, do not find any merit in this plea. We say so for the reason that Khasra No.1103 (admeasuring 1 bigha) was originally owned by one B.C. Jindal. He executed a registered sale deed in favour of Ram Labhaya on 25.09.1985. Ram Labhaya did not transfer his right or interest in the above-stated property in favour of anyone, including Ruchi Vihar Housing Welfare Society Limited (Registered), till he unfortunately passed away on 13.02.1994. The respondent-Archana Khanna is the daughter-in-law of Ram Labhaya. She has obviously approached the High Court as a representative of all the legal heirs of Ram Labhaya. We may hasten to add that the plea taken by DDA is that Ruchi Vihar Housing Welfare Society Limited filed a Writ Petition (C) No.7802/2012 before the High Court, in which the name of Ram Labhaya was shown at Serial No.3 amongst the members of the Society. 6. It is clarified that Ram Labhaya was neither party to the writ petition, since he was not alive at that time, nor were the writ documents signed by any of his legal heirs. The inclusion of his name amongst the members by the Society in its writ petition does not per se cast any doubt on the title drawn by him based upon the registered sale deed dated 25.09.1985. We, therefore, find no 2
strength in the argument forwarded on behalf of DDA. 7. Having resolved the title dispute over the subject property, we may now advert to the issue of change in law, which in the instant case, squarely falls within the ambit of our decision in Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. 8. Consequently, the respondents-land owners shall be entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure as explained in paragraph 128 of K.L. Rathi (supra), which reads as follows: 128. Under the circumstances, dismissal of the RPs and miscellaneous applications would have been logical and we could have ended our judgment here by ordering so. However, there is something more of a balancing act that needs to be done having regard to the disclosures that were made in course of progress of other proceedings before us, which followed immediately after judgment on this set of RPs and miscellaneous applications was reserved. Such other proceedings arose out of appeals carried from orders of the High Court declaring land acquisition proceedings as lapsed based on the decision in Pune Municipal Corporation (supra) as distinguished from RPs and miscellaneous applications of the nature under consideration. Since all such proceedings have more or less a common genesis and have followed similar trajectory, it would be eminently desirable to find a solution that benefits all. We may hasten to add here that the exercise of inherent powers conferred on this Court by Article 142, in such circumstances, is not just inevitable but also pivotal for disposal of the matters at hand, given their impact on public interest at large as well as to secure uniformity and consistency in our decisions; hence, we consider it expedient to pass such orders or directions for ensuring complete justice in the 3
matters under consideration before us. Notwithstanding our discussion on the reference which was necessitated to answer the question of law on which there was a disagreement between the Hon’ble Judges of the Division Bench, taking an overall and holistic view of the matter and in the light of the larger public interest that is involved, in each of the RPs and miscellaneous applications that have been dealt with by this judgment (except those remanded to the High Court and those de-tagged for separate listing infra), we issue the following directions: a) The time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 Act is extended by a year starting from 01 st August, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as per law, shall follow; b) The parties shall maintain status quo regarding possession, change of land use and creation of third-party rights till fresh acquisition proceedings, as directed above, are completed; c) Since the landowners are not primarily dependent upon the subject lands as their source of sustenance and most of these lands were/are under use for other than agricultural purposes, we deem it appropriate to invoke our powers under Article 142 of the Constitution and dispense with the compliance of Chapters II and III of the 2013 Act whereunder it is essential to prepare a Social Impact Assessment Study Report and/or to develop alternative multi-crop irrigated agricultural land. We do so to ensure that the timeline of one year extended at (a) above to complete the acquisition process can be adhered to by the appellants and the GNCTD, which would also likely be beneficial to the expropriated landowners; d) Similarly, compliance with sections 13, 14, 16 to 20 of the 2013 Act can be dispensed with as the subject-lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. In order to simplify the compliance of direction at (a) above, it is further directed that every Notification issued under section 4(1) of the 1894 Act in 4
this batch of cases, shall be treated as a Preliminary Notification within the meaning of section 11 of the 2013 Act, and shall be deemed to have been published as on 01 st January, 2014; e) The Collector shall provide hearing of objections as per section 15 of the 2013 Act without insisting for any Social Impact Assessment Report and shall, thereafter, proceed to take necessary steps as per the procedure contemplated under section 21 onwards of Chapter-IV of 2013 Act, save and except where compliance of any provision has been expressly or impliedly dispensed with; f) The landowners may submit their objections within a period of four weeks from the date of pronouncement of this order. Such objections shall not question the legality of the acquisition process and shall be limited only to clauses (a) and (b) of section 15(1) of the 2013 Act; g) The Collector shall publish a public notice on his website and in one English and one vernacular newspapers, within two weeks of expiry of the period of four weeks granted under direction (f) above; h) The Collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 Act. The market value of the land shall be assessed as on 01 st January, 2014 and the compensation shall be awarded along with all other monetary benefits in accordance with the provisions of the 2013 Act except the claim like rehabilitation etc.; i) The Collector shall consider all the parameters prescribed under section 28 of the 2013 Act for determining the compensation for the acquired land. Similarly, the Collector shall determine the market value of the building or assets attached with the land in accordance with section 29 and shall further award solatium in accordance with section 30 of the 2013 Act; j) In the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of Chapter (V) pertaining to “Rehabilitation and Resettlement Award” is hereby dispensed with; and 5
k) The expropriated landowners shall be entitled to seek reference for enhancement of compensation in accordance with Chapter-VIII of the 2013 Act. 9. It is clarified that the extension of one year, as granted to the Authorities for completion of acquisition in sub-para (a) reproduced above, will commence from the date of this order. 10. The Civil Appeal and Miscellaneous Applications are, accordingly, disposed of. 11. As a result, pending interlocutory applications, if any, also stand disposed of. 12. It is made clear that the instant order pertains to the land measuring one bigha in Khasra No.1103, and it shall have no bearing on the litigation, if any, pending with respect to the same and/or other adjoining Khasra numbers. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 6
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.674 OF 2023] IN REVIEW PETITION (C) D. No.879/2022 IN CIVIL APPEAL NO.6172 OF 2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. NARENDAR KUMAR RESPONDENT O R D E R 1. Delay condoned. 2. Vide order dated 08.01.2025, the following directions were issued to the respondent, who claimed to be the original landowner: 10. The Revenue Records produced before us reveal that Narender Kumar filed the writ petition before the High Court through General Power of Attorney (GPA) – Anil Gupta. The copy of the GPA has also been appended with the writ petition, through which, the subject land has been, in a way, entrusted to Anil Gupta and his associates. The revenue entries relied upon in the writ petition also indicate such transfer of right. 11. Learned counsel for the landowner, however, disputes this objection raised on behalf of the writ petitioner. 12. Let the affidavit of the original owner Narender Kumar, S/o Munni Lal, along with all the requisite documents, to show that he is the owner in continuous possession of the subject land, be placed on record. 13. The documents relied upon for sanction of mutation be also appended with the affidavit. 14. Post this matter on 22.01.2025.” 7
3. The respondent has failed to comply with the above-stated order. No affidavit or relevant documents have been placed on record. That being so, the oral prayer of the applicant-DDA is allowed. 4. Accordingly, the Miscellaneous Application for recalling of orders, as also RP (C) Diary No.879/2022, are allowed, and order dated 04.05.2017 in Civil Appeal No.6172/2017 is recalled. Civil Appeal No. 6172/2017 5. It is clear that this matter falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 6. Accordingly, the civil appeal is partly allowed, the impugned order dated 14.07.2015 is set aside, WP(C)No.2611/2015, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 7. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 8. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the abovementioned claim, which shall be examined as per its own merits. 9. It goes without saying that if the respondents-owners are able to establish their title and/or they are found entitled to get compensation, they shall be paid such compensation under the Right 8
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 10. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 9
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.1464 OF 2023] IN REVIEW PETITION (CIVIL) DIARY NO. 24205 OF 2019 IN CIVIL APPEAL NO.6247/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. PRAVEEN KUMAR JAIN & ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. It is not in dispute that the respondent is claiming interest in the acquired land on the basis of an Agreement to Sale, General Power of Attorney, and possession letter dated 05.04.2002. There is no sale deed or any other valid mode of transfer of title in his favour. 3. Accordingly, the Miscellaneous Application for recalling of orders, as also RP (C) Diary No.24205/2019, are allowed, and order dated 04.05.2017 in Civil Appeal No.6247/2017 is recalled. 10
Civil Appeal No. 6247/2017 4. It is clear that this matter falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 02.05.2016 is set aside, WP(C)No.3132/2015, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine whether there was a valid transfer of title in the acquired land before issuance of Section 4 notification and if so, who will be entitled to payment of compensation in accordance with law . 6. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the abovementioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their title and/or they are found entitled to get compensation, they shall be paid such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered 11
accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 12
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.1465 OF 2023] IN REVIEW PETITION (C) D. No.30311/2021 IN CIVIL APPEAL NO.6283 OF 2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. M/S AASAKTI ESTATE PVT. LTD. & ORS RESPONDENTS O R D E R 1. Delay condoned. 2. The respondent-landowner admittedly relies upon a sale deed executed post Section 4 notification dated 25.11.1980, and such sale deed is alleged to be in violation of provisions of Delhi Lands (Restrictions on Transfer) Act, 1972. 3. Accordingly, the Miscellaneous Application for recalling of orders, as also RP (C) Diary No.30311/2021, are allowed, and order dated 04.05.2017 in Civil Appeal No.6283/2017 is recalled. 13
Civil Appeal No. 6283/2017 4. It is clear that this matter falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 06.04.2015 is set aside, WP(C)No.6617/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the abovementioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their title and/or they are found entitled to get compensation, they shall be paid such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered 14
accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 15
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.1466 OF 2023] IN REVIEW PETITION (C) D. No.38548/2019 IN CIVIL APPEAL NO.6240 OF 2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. M/S PRASHID ESTATE PVT. LTD. & ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. The respondent-landowner admittedly relies upon a sale deed executed post Section 4 notification dated 25.11.1980, and such sale deed is alleged to be in violation of provisions of Delhi Lands (Restrictions on Transfer) Act, 1972. 3. Accordingly, the Miscellaneous Application for recalling of orders, as also RP (C) Diary No.38548/2019, are allowed, and order 16
dated 04.05.2017 in Civil Appeal No.6240/2017 is recalled. Civil Appeal No. 6240/2017 4. It is clear that this matter falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 11.11.2014 is set aside, WP(C)No.6314/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the abovementioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their title and/or they are found entitled to get compensation, they shall be paid such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another 17
vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 18
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.4091 OF 2023] IN REVIEW PETITION (C) D. No.4904/2020 IN CIVIL APPEAL NO.6250 OF 2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. JAGJIT SINGH & ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. As per the office report, service is complete. No one has entered appearance on behalf of the respondents, who claim to be the land owners. 3. DDA has made specific averments that the Writ Petition (C) No.960/2015 was filed by one S.P. Gupta claiming as Attorney of Jagjit Singh, Director of M/s Mickey Broilers Pvt. Ltd. The Power of Attorney is relied upon to claim title and interest in the acquired land. The said Power of Attorney was executed much after issuance of Sections 4 and 6 notifications on 13.04.1971 and 16.09.1971, respectively. 3. That being so, the Miscellaneous Application for recalling of orders, as also RP (C) Diary No.4904/2020, are allowed, and order 19
dated 04.05.2017 in Civil Appeal No.6250/2017 is recalled. Civil Appeal No. 6250/2017 4. It is clear that this matter falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 23.02.2016 is set aside, WP(C)No.960/2015, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the abovementioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their title and/or they are found entitled to get compensation, they shall be paid such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another 20
vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 21
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.4990 OF 2023] IN REVIEW PETITION (C) D. No.32548/2021 IN CIVIL APPEAL NO.6127 OF 2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. VINOD KUMAR LUTHRA & ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. Learned counsel for the parties are ad-idem that, in view of the respondent-land owners claiming title on the basis of a subsequent sale deed dated 26.06.1992, the instant case may be remanded to the High Court. 3. Accordingly, the Miscellaneous Application for recalling of order, as also RP (C) Diary No.32548/2021, are allowed, and order dated 04.05.2017 in Civil Appeal No.6127/2017 is recalled. 22
Civil Appeal No. 6127/2016 4. It is clear that this matter falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 5. Accordingly, the civil appeal are partly allowed, the impugned order dated 10.03.2015 is set aside, WP(C)No.7887/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 7. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the abovementioned claim, which shall be examined as per its own merits. 8. It goes without saying that if the respondents-owners are able to establish their title and/or they are found entitled to get compensation, they shall be paid such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another 23
vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 9. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 24
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [DIARY No.5711 OF 2023] IN CIVIL APPEAL NO.6167 OF 2017 DELHI DEVELOPMENT AUTHORITY APPELLANT Vs. BAL KISHAN & ORS. RESPONDENTS WITH CIVIL APPEAL NO. OF 2025 [Arising out of SLP(C) No. of 2025 ) [Diary No.44014/2023] O R D E R 1. Delay condoned. 2. One Ashish Gupta is claiming himself to be the land owner on the basis of GPA dated 02.09.1988. The GPA was executed much after issuance of Sections 4 and 6 notifications on 05.11.1980 and 21.05.1985, respectively. 3. Accordingly, the Miscellaneous Application is allowed and order dated 04.05.2017 in Civil Appeal No.6167/2017 is recalled. 25
Civil Appeal No. 6167/2017 & Civil Appeal No. /2025 (arising out SLP(C) NO. /2025 @ Diary No.44014/2023) 4. Delay condoned. Leave granted. 5. It is clear that this matter falls within the category of matters remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 6. Accordingly, the civil appeals are partly allowed, the impugned order dated 08.09.2015 is set aside, WP(C)No.147/2015, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 7. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 8. It is clarified that all contentions in this regard are kept open. The parties shall be at liberty to produce the relevant material before the High Court in support and against the abovementioned claim, which shall be examined as per its own merits. 9. It goes without saying that if the respondents-owners are able to establish their title and/or they are found entitled to get compensation, they shall be paid such compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure contemplated in paragraph 128 of Government of NCT of Delhi through its Secretary, Land and Building Department & another 26
vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. Ordered accordingly. 10. As a result, the pending interlocutory application, if any, also stands disposed of. ....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) ....................J. (UJJAL BHUYAN) NEW DELHI; JANUARY 22, 2025 27
ITEM NO.7 + 9.6 + 9.27 COURT NO.3 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION……………... Diary No(s).42745/2022 [Arising out of impugned final judgment and order dated 04-05-2017 in C.A. No.6187/2017 passed by the Supreme Court of India] DELHI DEVELOMENT AUTHORITY Petitioner(s) VERSUS MAHENDER SINGH & ANR. Respondent(s) (IA No.59442/2023 - CONDONATION OF DELAY IN FILING, IA No.205357/2022 - RECALLING THE COURTS ORDER WITH Diary No(s). 12635/2023 (XIV-A) (IA No. 61947/2023 - CONDONATION OF DELAY IN FILING, IA No.61944/2023 - RECALLING THE COURTS ORDER Diary No(s). 12639/2023 (XIV-A) (IA No. 61958/2023 - CONDONATION OF DELAY IN FILING, IA No.61957/2023 - RECALLING THE COURTS ORDER Diary No(s). 23142/2023 (XIV-A) (IA No. 112727/2023 - CONDONATION OF DELAY IN FILING, IA No.112726/2023 - RECALLING THE COURTS ORDER) Diary No(s). 674/2023 (XIV-A) (IA No. 2468/2023 - CONDONATION OF DELAY IN FILING, IA No.2465/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1464/2023 (XIV-A) (IA No. 6695/2023 - CONDONATION OF DELAY IN FILING, IA No.6697/2023 - EXEMPTION FROM FILING O.T., IA No. 6693/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1465/2023 (XIV-A) (IA No. 6703/2023 - CONDONATION OF DELAY IN FILING, IA No.6709/2023 - EXEMPTION FROM FILING O.T., IA No. 6701/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1466/2023 (XIV-A) (IA No. 6704/2023 - CONDONATION OF DELAY IN FILING, IA No.6705/2023 - EXEMPTION FROM FILING O.T., IA No. 6702/2023 - RECALLING THE COURTS ORDER) 28
Diary No(s). 4091/2023 (XIV-A) (IA No. 20072/2023 - CONDONATION OF DELAY IN FILING, IA No.20073/2023 - EXEMPTION FROM FILING O.T., IA No. 20071/2023 - RECALLING THE COURTS ORDER Diary No(s). 4990/2023 (XIV-A) (IA No. 24828/2023 - CONDONATION OF DELAY IN FILING, IA No.24831/2023 - EXEMPTION FROM FILING O.T., IA No. 24827/2023 - RECALLING THE COURTS ORDER Diary No(s). 5711/2023 (XIV-A) (IA No. 28701/2023 - CONDONATION OF DELAY IN FILING, IA No.28698/2023 - RECALLING THE COURTS ORDER) Diary No(s). 6523/2023 (XIV-A) (IA No. 33043/2023 - CONDONATION OF DELAY IN FILING, IA No.33041/2023 - RECALLING THE COURTS ORDER) Diary No(s). 6524/2023 (XIV-A) (IA No. 33042/2023 - CONDONATION OF DELAY IN FILING, IA No.33039/2023 - RECALLING THE COURTS ORDER) Diary No(s). 11767/2023 (XIV-A) (IA No. 57785/2023- Application for Condonation of delay in filing M.A., IA No. 57785/2023 - RECALLING THE COURTS ORDER, IA No.57784/2023 - RECALLING THE COURTS ORDER) Diary No(s). 12978/2023 (XIV-A) (IA No. 64709/2023 - CONDONATION OF DELAY IN FILING, IA No.64708/2023 - RECALLING THE COURTS ORDER) Diary No(s). 13420/2023 (XIV-A) (IA No. 131237/2023 - CONDONATION OF DELAY IN FILING, IA No.66347/2023 - RECALLING THE COURTS ORDER) Diary No(s). 14584/2023 (XIV-A) (IA No. 71274/2023 - CONDONATION OF DELAY IN FILING, IA No.71275/2023 - RECALLING THE COURTS ORDER) Diary No(s). 14601/2023 (XIV-A) (IA No. 71310/2023 - CONDONATION OF DELAY IN FILING, IA No.71308/2023 - RECALLING THE COURTS ORDER) Diary No(s). 21344/2023 (XIV-A) (IA No. 105106/2023 - CONDONATION OF DELAY IN FILING, IA No.105108/2023 - EXEMPTION FROM FILING O.T., IA No. 105101/2023 - RECALLING THE COURTS ORDER Diary No(s). 22524/2023 (XIV-A) (IA No. 110340/2023 - CONDONATION OF DELAY IN FILING, IA No.110338/2023 - RECALLING THE COURTS ORDER) 29
Diary No(s). 27415/2023 (XIV-A) (IA No. 166957/2023 - CONDONATION OF DELAY IN FILING, IA No.166958/2023 - EXEMPTION FROM FILING PAPER BOOKS, IA No.130925/2023 - RECALLING THE COURTS ORDER) Diary No(s). 33298/2023 (XIV-A) (IA No. 153912/2024 – CLARIFICATION/DIRECTION, IA No. 175628/2024 - CONDONATION OF DELAY IN FILING, IA No. 162108/2023 - RECALLING THE COURTS ORDER) Diary No(s). 7295/2024 (XIV-A) (IA No. 40166/2024 - CONDONATION OF DELAY IN FILING, IA No.40160/2024 - RECALLING THE COURTS ORDER Item No.9.6 SLP(C) No.943/2025 Item No.9.27 Diary No.44014/2023 (IA No.224583/2023-CONDONATION OF DELAY IN FILING and IA No.224584/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 22-01-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) :Mr. Sanjay Parikh, Sr. Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Ritwik Parikh, Adv. Mr. Satwik Parikh, Adv. Ms. Mailshree Pathak, Adv. Ms. Kritika, Adv. Mr. Rajat K. Mittal, Adv. Mr. Prateek Srivastava, Adv. Mr. Karun Sharma, Adv. Ms. Rajkumari Divyasana, Adv. Mr. Nishit Agrawal, AOR Ms. Sunieta Ojha, AOR Ms. Malvika Kapila, AOR Mr. Sanjay Poddar, Sr. Adv. Ms. Niharika Ahluwalia, AOR Mr. Arpit Sharma, Adv. Mr. Mr. Himaghn Jain, Adv. Mr. Himaghn Jain, Adv. Ms. Sonakshi Chaturvedi, Adv. Mr. Mihir Gupta, Adv. 30
Mr. Sanjay Poddar, Sr. Adv. Mr. Ishaan Sharma, Adv. Ms. Mitali Gupta, Adv. Mr. Kumar Shitij, Adv. Mr. Nitin Mishra, AOR Mr. Shubham Shukla, Adv. Mr. Aditya Kashyap, Adv. Mr. Saksham Kaushik, Adv. Mr. Govind, Adv. Mr. Sanjay Poddar, Sr. Adv. Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv. Ms. Sujeeta Srivastava, AOR Ms. Shalini Chandra, AOR M/s. Saharya & Co., AOR Ms. Binu Tamta, AOR For Respondent(s) :Mr. Munawwar Naseem, Adv. Ms. Sanjna Dua, Adv. Ms. Namrata Langade, Adv. M/s. Dua Associates, AOR Mr. Bankey Bihari, AOR Mr. Sumit Bansal, Sr. Adv. Mr. Udaibir Singh Kochar, Adv. Mr. Utsav Garg, Adv. Mr. Ananta Prasad Mishra, AOR Dr. Sumant Bharadwaj, Adv. Mr. Vedant Bharadwaj, Adv. Ms. Mridula Ray Bharadwaj, AOR Mr. D.M. Sharma, Adv. Mr. Ankit Kumar Chaudhary, Adv. Ms. Surbhi Sharma, Adv. Ms. Iti Sharma, Adv. Mr. Arvind Kumar Gupta, AOR Mr. Rajiv Ranjan Dwivedi, AOR Mr. Bharat Beriwal, Adv. Mr. Vishal, Adv. Mrs. Subhadra Dwivedi, Adv. Mr. Bharat Arora, Adv. Ms. Charu Ambwani, AOR Ms. Neeru Vaid, AOR 31
Ms. Smita Maan, AOR Mr. Vishal Maan, Adv. Mr. Kartik Dabas, Adv. Mr. T. L. Garg, AOR Mr. Rajender Pd. Saxena, AOR Mr. Rajendra Prasad Saxena, Adv. Mr. N.P. Sahni, Adv. Mr. Vineet Sinha, Adv. Mr. Siddharth Luthra, Sr. Adv. Mr. Sougat Pati, Adv. Ms. Madhusruthi Neelakantan, Adv. Ms. Ranjeeta Rohatgi, AOR Ms. Shrika Gautam, Adv. Mr. Satya Darshi Sanjay, A.S.G. Mr. B.K. Satija, Adv. Mr. Padmesh Mishra, Adv. Ms. Samta Pushkarna Mishra, Adv. Mr. C.K. Sharma, Adv. Mr. Adarsh Kr. Pandey, Adv. Mr. Gautam Kumar, Adv. Mr. Manish, Adv. Mr. Vishnu Kant, Adv. Dr. N. Visakamurthy, AOR Mr. Atul Kumar, AOR Ms. Sweety Singh, Adv. Ms. Archana Kumari, Adv. Mr. Rahul Pandey, Adv. Mr. Avs Kadyan, Adv. Mr. Ashutosh Upadhyay, Adv. Mr. Sudipta Singha Roy, Adv. Mr. Harsh Kumar, Adv. Mr. Himanshu Raj, Adv. Mr. Tara Chauhan, Adv. Ms. Rachita Kadyan, Adv. Ms. Sujeeta Srivastava, AOR Ms. Vandana Kaushal, Adv. Ms. Prachi Bajpai, AOR Mr. Chandra Prakash, AOR Mr. Vivek Singh, Adv. Mr. C.p. Rajwar, Adv. Mr. Binay Kumar, Adv. Mr. Sanjay Kumar Pathak, Adv. Mr. Abhinav Kumar, Adv. 32
Dr. V.B. Pandey, Adv. Mr. Amitabh Kumar Verma, Adv. Mr. B.L. Shivhare, Adv. Mr. Babu Malayil, Adv. Mr. Rajesh Singh Chauhan, AOR Mr. S K Rout, Adv. Mr. Ganesh Singh, Adv. Mr. Amit Acharya, Adv. Mr. Aman Mehrotra, Adv. Mr. Priyonkoo Anjan Gogoi, Adv. Ms. Priti, Adv. Mr. Prithvi Pal, AOR UPON hearing the counsel the Court made the following O R D E R Diary No(s).42745/2022 1. As per the office report, notice could not be issued as spare copies were not filed. However, learned counsel for the petitioner(s) points out that the needful has already been done though there is a delay. 2. Delay in filing the spare copies is condoned. 3. Learned counsel for the DDA is directed to serve the unserved respondents through dasti process, returnable on 12.02.2025. Diary No.12635 of 2023, Diary No.12639 of 2023 & SLP(C) No.943/2025 4. Delay condoned. 5. Leave granted. 6. The Miscellaneous Applications as well as Civil Appeal are dismissed/disposed of in terms of the signed order. Diary No.674/2023 in R.P.(C) D. No.879/2022 in C.A. No.6172/2017 Diary No.1464/2023 in R.P.(C) D. No.24205/2019 in C.A. No.6247/2017 Diary No.1465/2023 in R.P.(C) D. No.30311/2021 in C.A. No.6283/2017 Diary No.1466/2023 in R.P.(C) D. No.38548/2019 in C.A. No.6240/2017 Diary No.4091/2023 in R.P.(C) D. No.4904/2020 in C.A. No.6250/2017 33
Diary No.4990/2023 in R.P.(C) D. No.32548/2021 in C.A. No.6127/2017 Diary No.5711/2023 in C.A. No.6167/2017 & Diary No.44014/2023 7. Delay condoned. 8. Leave granted. 9. The Miscellaneous Applications as well as Review Petitions are allowed and the Civil Appeals are partly allowed in terms of the signed order. 10. All pending applications, if any, also stand disposed of. Rest of the Matters 11. List on 12.02.2025. (ARJUN BISHT) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR 34
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ INHERENT JURISDICTION MISCELLANEOUS APPLICATION No. of 2025 (@ D.NO.21786/202 3) IN Civil Appeal No. 8648 of 2016 DELHI DEVELOPMENT AUTHORITY APPLICANT(S) VERSUS MEHBOOB & ORS. RESPONDENT(S) WITH MISCELLANEOUS APPLICATION No. of 2025 (@ D.NO.402/202 3) IN REVIEW PETITION (C) NO(S). @ D.No. 27346 OF 2019 IN Civil Appeal No. 8639 of 2016 O R D E R 1. Delay condoned. 2. Learned senior counsel / counsel for the parties are ad idem that the issue involved in the instant case squarely falls within the ambit of our decision in Government of NCT of Delhi through its Secretary, Land and Building Department & another vs. K.L. Rathi 1
Steels Limited and others , (2024) 7 SCC 315. 3. Consequently, the respondent(s)-land owner(s) are held entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure as explained in paragraph 128 of K.L. Rathi (supra), which reads as follows: 128. Under the circumstances, dismissal of the RPs and miscellaneous applications would have been logical and we could have ended our judgment here by ordering so. However, there is something more of a balancing act that needs to be done having regard to the disclosures that were made in course of progress of other proceedings before us, which followed immediately after judgment on this set of RPs and miscellaneous applications was reserved. Such other proceedings arose out of appeals carried from orders of the High Court declaring land acquisition proceedings as lapsed based on the decision in Pune Municipal Corporation (supra) as distinguished from RPs and miscellaneous applications of the nature under consideration. Since all such proceedings have more or less a common genesis and have followed similar trajectory, it would be eminently desirable to find a solution that benefits all. We may hasten to add here that the exercise of inherent powers conferred on this Court by Article 142, in such circumstances, is not just inevitable but also pivotal for disposal of the matters at hand, given their impact on public interest at large as well as to secure uniformity and consistency in our decisions; hence, we consider it expedient to pass such orders or directions for ensuring complete justice in the matters under consideration before us. Notwithstanding our discussion on the reference which was necessitated to answer the question of law on which there was a disagreement between the Hon’ble Judges of the Division Bench, taking an overall and holistic view of the matter and in the light of the larger public interest that is involved, in each of the RPs and miscellaneous applications that have been dealt with by this judgment (except those remanded to the High Court and those de-tagged for separate listing infra), we issue the following directions: 2
a) The time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 Act is extended by a year starting from 01 st August, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as per law, shall follow; b) The parties shall maintain status quo regarding possession, change of land use and creation of third-party rights till fresh acquisition proceedings, as directed above, are completed; c) Since the landowners are not primarily dependent upon the subject lands as their source of sustenance and most of these lands were/are under use for other than agricultural purposes, we deem it appropriate to invoke our powers under Article 142 of the Constitution and dispense with the compliance of Chapters II and III of the 2013 Act whereunder it is essential to prepare a Social Impact Assessment Study Report and/or to develop alternative multi-crop irrigated agricultural land. We do so to ensure that the timeline of one year extended at (a) above to complete the acquisition process can be adhered to by the appellants and the GNCTD, which would also likely be beneficial to the expropriated landowners; d) Similarly, compliance with sections 13, 14, 16 to 20 of the 2013 Act can be dispensed with as the subject-lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. In order to simplify the compliance of direction at (a) above, it is further directed that every Notification issued under section 4(1) of the 1894 Act in this batch of cases, shall be treated as a Preliminary Notification within the meaning of section 11 of the 2013 Act, and shall be deemed to have been published as on 01 st January, 2014; e) The Collector shall provide hearing of objections as per section 15 of the 2013 Act without insisting for any Social Impact Assessment Report and shall, thereafter, proceed to take necessary steps as per the procedure contemplated under section 21 onwards of Chapter-IV of 2013 Act, save and except where compliance of any provision has 3
been expressly or impliedly dispensed with; f) The landowners may submit their objections within a period of four weeks from the date of pronouncement of this order. Such objections shall not question the legality of the acquisition process and shall be limited only to clauses (a) and (b) of section 15(1) of the 2013 Act; g) The Collector shall publish a public notice on his website and in one English and one vernacular newspapers, within two weeks of expiry of the period of four weeks granted under direction (f) above; h) The Collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 Act. The market value of the land shall be assessed as on 01 st January, 2014 and the compensation shall be awarded along with all other monetary benefits in accordance with the provisions of the 2013 Act except the claim like rehabilitation etc.; i) The Collector shall consider all the parameters prescribed under section 28 of the 2013 Act for determining the compensation for the acquired land. Similarly, the Collector shall determine the market value of the building or assets attached with the land in accordance with section 29 and shall further award solatium in accordance with section 30 of the 2013 Act; j) In the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of Chapter (V) pertaining to “Rehabilitation and Resettlement Award” is hereby dispensed with; and k) The expropriated landowners shall be entitled to seek reference for enhancement of compensation in accordance with Chapter-VIII of the 2013 Act. 4. It is clarified that the extension of one year, as granted to the Authorities for completion of acquisition in sub-para (a) reproduced above, will commence from the date of this order. 4
5. The Miscellaneous Applications are, accordingly, disposed of. 6. As a result, pending interlocutory applications, if any, also stand disposed of. .....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) .....................J. (UJJAL BHUYAN) New Delhi; JANUARY 08, 2025 5
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ INHERENT JURISDICTION MISCELLANEOUS APPLICATION No. of 2025 (@ D.NO.34776/202 3) IN REVIEW PETITION (C) NO(S)......@ D.NO. 41760 OF 2018 IN Civil Appeal No. 8624 of 2016 DELHI DEVELOPMENT AUTHORITY APPLICANT(S) VERSUS TEJPAL SINGH & ORS. RESPONDENT(S) WITH MISCELLANEOUS APPLICATION No. of 2025 (@ D.NO. 34835/202 3) IN Civil Appeal No. 8624 of 2016 O R D E R 1. Learned counsel for the private respondent(s) has brought on record a photostat copy of the registered sale deed executed on 31.08.1961, whereunder Dharam Singh and Sanwaliya, sons of Bhaktawar Singh, residents of Sultanpur, Delhi, sold complete Khasra No. 191 and 192 of Sultanpur village in favour of Joginder Singh and other named persons. It is stated that Mr. Joginder Singh was the father of the private respondents. 2. That being so, the instant case(s) squarely falls within the ambit of our decision in Government of NCT of Delhi through its 6
Secretary, Land and Building Department & another vs. K.L. Rathi Steels Limited and others , (2024) 7 SCC 315. 3. Consequently, the respondent(s)-land owner(s) are held entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in accordance with the procedure as explained in paragraph 128 of K.L. Rathi (supra), which reads as follows: 128. Under the circumstances, dismissal of the RPs and miscellaneous applications would have been logical and we could have ended our judgment here by ordering so. However, there is something more of a balancing act that needs to be done having regard to the disclosures that were made in course of progress of other proceedings before us, which followed immediately after judgment on this set of RPs and miscellaneous applications was reserved. Such other proceedings arose out of appeals carried from orders of the High Court declaring land acquisition proceedings as lapsed based on the decision in Pune Municipal Corporation (supra) as distinguished from RPs and miscellaneous applications of the nature under consideration. Since all such proceedings have more or less a common genesis and have followed similar trajectory, it would be eminently desirable to find a solution that benefits all. We may hasten to add here that the exercise of inherent powers conferred on this Court by Article 142, in such circumstances, is not just inevitable but also pivotal for disposal of the matters at hand, given their impact on public interest at large as well as to secure uniformity and consistency in our decisions; hence, we consider it expedient to pass such orders or directions for ensuring complete justice in the matters under consideration before us. Notwithstanding our discussion on the reference which was necessitated to answer the question of law on which there was a disagreement between the Hon’ble Judges of the Division Bench, taking an overall and holistic view of the matter and in the light of the larger public interest that is involved, in each of the RPs and miscellaneous applications that have been dealt with by this judgment (except those remanded to the High Court and those de-tagged for separate listing infra), 7
we issue the following directions: a) The time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 Act is extended by a year starting from 01 st August, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as per law, shall follow; b) The parties shall maintain status quo regarding possession, change of land use and creation of third-party rights till fresh acquisition proceedings, as directed above, are completed; c) Since the landowners are not primarily dependent upon the subject lands as their source of sustenance and most of these lands were/are under use for other than agricultural purposes, we deem it appropriate to invoke our powers under Article 142 of the Constitution and dispense with the compliance of Chapters II and III of the 2013 Act whereunder it is essential to prepare a Social Impact Assessment Study Report and/or to develop alternative multi-crop irrigated agricultural land. We do so to ensure that the timeline of one year extended at (a) above to complete the acquisition process can be adhered to by the appellants and the GNCTD, which would also likely be beneficial to the expropriated landowners; d) Similarly, compliance with sections 13, 14, 16 to 20 of the 2013 Act can be dispensed with as the subject-lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. In order to simplify the compliance of direction at (a) above, it is further directed that every Notification issued under section 4(1) of the 1894 Act in this batch of cases, shall be treated as a Preliminary Notification within the meaning of section 11 of the 2013 Act, and shall be deemed to have been published as on 01 st January, 2014; e) The Collector shall provide hearing of objections as per section 15 of the 2013 Act without insisting for any Social Impact Assessment Report and shall, thereafter, proceed to take necessary steps as per the procedure contemplated under section 21 8
onwards of Chapter-IV of 2013 Act, save and except where compliance of any provision has been expressly or impliedly dispensed with; f) The landowners may submit their objections within a period of four weeks from the date of pronouncement of this order. Such objections shall not question the legality of the acquisition process and shall be limited only to clauses (a) and (b) of section 15(1) of the 2013 Act; g) The Collector shall publish a public notice on his website and in one English and one vernacular newspapers, within two weeks of expiry of the period of four weeks granted under direction (f) above; h) The Collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 Act. The market value of the land shall be assessed as on 01 st January, 2014 and the compensation shall be awarded along with all other monetary benefits in accordance with the provisions of the 2013 Act except the claim like rehabilitation etc.; i) The Collector shall consider all the parameters prescribed under section 28 of the 2013 Act for determining the compensation for the acquired land. Similarly, the Collector shall determine the market value of the building or assets attached with the land in accordance with section 29 and shall further award solatium in accordance with section 30 of the 2013 Act; j) In the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of Chapter (V) pertaining to “Rehabilitation and Resettlement Award” is hereby dispensed with; and k) The expropriated landowners shall be entitled to seek reference for enhancement of compensation in accordance with Chapter-VIII of the 2013 Act. 4. It is clarified that the extension of one year, as granted to the Authorities for completion of acquisition in sub-para (a) reproduced above, will commence from the date of this order. 9
5. The Miscellaneous Applications are, accordingly, disposed of. 6. As a result, pending interlocutory applications, if any, also stand disposed of. .....................J. (SURYA KANT) .....................J. (DIPANKAR DATTA) .....................J. (UJJAL BHUYAN) New Delhi; JANUARY 08, 2025 10
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/INHERENT JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 [@ DIARY NO.40773/2022] IN CIVIL APPEAL NO. 6230 OF 2017 DELHI DEVELOPMENT AUTHORITY APPLICANT(S) VERSUS VEERA SINGH & OTHERS RESPONDENT(S) WITH CIVIL APPEAL NO(S). OF 2025 (@ SPECIAL LEAVE PETITION (C) NO(S). OF 2025) (@ DIARY NO. 28063 OF 2022) WITH MISCELLANEOUS APPLICATION No. of 2025 (@ D.NO. 40963/202 2 ) IN REVIEW PETITION (C) NO(s)........@ D.NO. 5204 OF 2020 IN Civil Appeal No. 6230 of 2017 O R D E R 1. Delay condoned. 2. Leave granted. 3. The parties are common in all these matters. The acquired land is admittedly claimed to have been purchased by the private respondents through various modes like agreement to sell, General 11
Power of Attorney, and sale deed, executed much after the issuance of Section 4 notification dated 05.11.1980 and 6 notification dated 21.05.1985 for its acquisition. In this light and keeping in view the multiple issues involved, which require fresh adjudication by the High Court, the instant case(s) ought to be remanded to the High Court. 4. Accordingly, the Miscellaneous Application(s) for recalling of order(s), as also Review Petition are allowed, and order dated 04.05.2017 is recalled. Civil Appeal No. 6230 of 2017 is restored to its original number. Civil Appeal Nos. 6230/2017 and ………………/2025 (arising out of SLP (C) No(s). of 2025 @ Diary No. 28063/2022) 5. It is clear that these matters fall within the category of cases remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 6. Accordingly, the civil appeals are partly allowed, the impugned order dated 08.02.2016 is set aside, WP(C)No.8526/2014, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 7. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 8. It is clarified that we have not expressed any opinion on the merits of the case(s), and it goes without saying that all contentions are left open for being raised and contested before the 12
High Court. 9. As a result, the pending interlocutory applications, if any, also stand disposed of. ...................J. (SURYA KANT) ...................J. (DIPANKAR DATTA) ...................J. (UJJAL BHUYAN) New Delhi; JANUARY 08, 2025 13
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/INHERENT JURISDICTION MISCELLANEOUS APPLICATION No. of 2025 (@ D.NO. 40951/202 2 ) IN REVIEW PETITION (C) NO(S).......@ D.NO. 13945 OF 2019 IN Civil Appeal No. 6149 of 2017 DELHI DEVELOPMENT AUTHORITY APPLICANT(S) VERSUS ABHISHEK JAIN & OTHERS RESPONDENT(S) O R D E R 1. Delay condoned. 2. Learned counsel for the parties are ad-idem that in view of the multiple issues involved, which require fresh adjudication by the High Court, the instant case may be remanded to the High Court. 3. Accordingly, the Miscellaneous Application for recalling of order, as also the Review Petition are allowed, and order dated 04.05.2017 is recalled. Civil Appeal No. 6149/2017 is restored to its original number. Civil Appeal No. 6149/2017 4. It is clear that this matter falls within the category of cases remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 09.02.2015 is set aside, WP(C)No.8593/2014, filed 14
before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 7. It is clarified that we have not expressed any opinion on the merits of the case, and it goes without saying that all contentions are left open for being raised and contested before the High Court. 8. As a result, the pending interlocutory applications, if any, also stand disposed of. ...................J. (SURYA KANT) ...................J. (DIPANKAR DATTA) ...................J. (UJJAL BHUYAN) New Delhi; JANUARY 08, 2025 15
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 (DIARY NO.42177/2022) IN CIVIL APPEAL NO.6182/2017 DELHI DEVELOPMENT AUTHORITY APPLICANT/APPELLANT VERSUS FLASH PROPERTIES PVT. LTD. & ORS. RESPONDENTS O R D E R 1. Delay condoned. 2. Civil Appeal No. 6640/2024, titled ‘Land Acquisition Collector (South) vs. M/s Flash Properties Private Limited and others’ stands partly allowed vide judgment dated 17.05.2024, reported as ‘ Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370, wherein, as Item 22 in Group E of the judgment, the impugned judgment was set aside and the matter was remitted to the High Court for fresh adjudication. 3. In view of the fact that the impugned judgment has already been set aside, and the matter is before the High Court, the instant Miscellaneous Application is dismissed as having become infructuous. 16
4. As a result, the pending interlocutory application, if any, also stands disposed of. ...................J. (SURYA KANT) ...................J. (DIPANKAR DATTA) ...................J. (UJJAL BHUYAN) New Delhi; JANUARY 08, 2025 PS 17
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 (DIARY NO.446/2023) IN CIVIL APPEAL NO.6262/2017 DELHI DEVELOPMENT AUTHORITY APPELLANT/APPLICANT VERSUS ANSAR AHMED AND OTHERS RESPONDENTS O R D E R 1. Delay condoned. 2. Learned counsel for the parties are ad-idem that, in view of the multiple issues involved, which require fresh adjudication by the High Court, this case may be remanded to the High Court. 3. Accordingly, the Miscellaneous Application for recalling of order is allowed, and order dated 04.05.2017 in Civil Appeal No. 6262/2017 is recalled. Civil Appeal No. 6262/2017 is restored to its original number. Civil Appeal No. 6262/2017 4. It is clear that this matter falls within the category of cases remanded to the High Court in Group E of the three Judge Bench decision of this Court in Govt. of NCT of Delhi & Anr. vs. BSK Realtors LLP & Anr. , reported in (2024) 7 SCC 370. 5. Accordingly, the civil appeal is partly allowed, the impugned order dated 08.03.2016 is set aside, 18
WP(C)No.5270/2015, filed before the High Court of Delhi, is restored, and the matter is remitted to the High Court to determine the dispute in accordance with law. 6. The parties are, accordingly, directed to appear before the High Court on 24.02.2025. 7. It is clarified that we have not expressed any opinion on the merits of the case, and it goes without saying that all contentions are left open for being raised and contested before the High Court. 8. As a result, the pending interlocutory application, if any, also stands disposed of. ...................J. (SURYA KANT) ...................J. (DIPANKAR DATTA) ...................J. (UJJAL BHUYAN) New Delhi; JANUARY 08, 2025 PS 19
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/INHERENT JURISDICTION MISCELLANEOUS APPLICATION NO. OF 2025 (DIARY NO. 1001/2023) IN REVIEW PETITION (CIVIL) D.NO.23340/2018 IN CIVIL APPEAL NO. 12110/2016 DELHI DEVELOPMENT AUTHORITY APPELLANT/APPLICANT VERSUS URMIL MAKKER AND OTHERS RESPONDENTS WITH CIVIL APPEAL NO. OF 2025 (@ SPECIAL LEAVE PETITION (CIVIL) NO. OF 2025) (DIARY NO. 12327/2023) WITH CONTEMPT PETITION (CIVIL) NO. 1508 OF 2018 IN CIVIL APPEAL NO. 12110 OF 2016 AND CONTEMPT PETITION (CIVIL) No. 463 OF 2019 IN MA 383/2018 IN CIVIL APPEAL NO. 12110 OF 2016 20
O R D E R 1. Delay condoned. 2. Leave granted in SLP @ Diary No. 12327/2023. 3. Learned Senior Counsel for the Delhi Development Authority (DDA) states that the present matters pertain to common land, which was utilized for public purposes, without being formally acquired. Consequently, in order to put a quietus to the dispute, the Ministry of Housing and Urban Affairs had given an undertaking before this Court on 24.09.2018 in MA No. 383/2018 (which was filed by the DDA), for payment of compensation to the land owners in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Therefore, a sum of ₹ 7,86,48,000/- has been deposited in the Registry of this Court, as was directed by this Court vide order dated 07.09.2022 in Contempt Petition (C) No. 1508/2018. 4. Accordingly, these matters are disposed of with a direction to the Registry to transfer the aforesaid amount, along with interest accrued thereupon, to the Reference Court within two weeks, who in turn is directed to release the same in favour of the land owners within three weeks after verifying their share and identity. 5. If the landowners are entitled to raise a claim for further enhancement of the compensation, they shall be at 21
liberty to do so, in accordance with law , and subject to the objection(s) that may be taken by the applicants. It is clarified that the objection of limitation in seeking enhancement of compensation shall not be entertained, if they raise the claim under law within a period of thirty days from today. 6. Pending application(s), if any, are disposed of. ...................J. (SURYA KANT) ...................J. (DIPANKAR DATTA) ...................J. (UJJAL BHUYAN) New Delhi; JANUARY 08, 2025. PS 22
ITEM NO.6+7.7+8.6+13.8+8.19+68 COURT NO.3 SECTION XIV-A,XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION Diary No(s). 42745/2022 [Arising out of impugned final judgment and order dated 04-05-2017 in C.A. No. No. 6187/2017 passed by the Supreme Court of India] DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS MAHENDER SINGH . & ANR. Respondent(s) IA No. 59442/2023 - CONDONATION OF DELAY IN FILING IA No. 205357/2022 - RECALLING THE COURTS ORDER) WITH Diary No(s). 12635/2023 (XIV-A) IA No. 61947/2023 - CONDONATION OF DELAY IN FILING IA No. 61944/2023 - RECALLING THE COURTS ORDER) Diary No(s). 12639/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 61957/2023 FOR CONDONATION OF DELAY IN FILING ON IA 61958/2023 IA No. 61958/2023 - CONDONATION OF DELAY IN FILING IA No. 61957/2023 - RECALLING THE COURTS ORDER) Diary No(s). 21786/2023 (XIV-A) (FOR FOR RECALLING THE COURTS ORDER ON IA 107603/2023 FOR CONDONATION OF DELAY IN FILING ON IA 107604/2023 IA No. 107604/2023 - CONDONATION OF DELAY IN FILING IA No. 107603/2023 - RECALLING THE COURTS ORDER) Diary No(s). 23142/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 112726/2023 FOR CONDONATION OF DELAY IN FILING ON IA 112727/2023 IA No. 112727/2023 - CONDONATION OF DELAY IN FILING IA No. 112726/2023 - RECALLING THE COURTS ORDER) Diary No(s). 34776/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 170912/2023 IA No. 170912/2023 - RECALLING THE COURTS ORDER) Diary No(s). 34835/2023 (XIV-A) (FOR FOR RECALLING THE COURTS ORDER ON IA 170530/2023) Diary No(s). 38181/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 189440/2023 FOR CONDONATION OF DELAY IN FILING ON IA 189444/2023 FOR EXEMPTION FROM FILING O.T. ON IA 189445/2023 IA No. 189444/2023 - CONDONATION OF DELAY IN FILING 23
IA No. 189445/2023 - EXEMPTION FROM FILING O.T. IA No. 189440/2023 - RECALLING THE COURTS ORDER) Diary No(s). 40773/2022 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 196358/2022 FOR CONDONATION OF DELAY IN FILING ON IA 196363/2022 IA No. 196363/2022 - CONDONATION OF DELAY IN FILING IA No. 196358/2022 - RECALLING THE COURTS ORDER) Diary No(s). 40951/2022 (XIV-A) IA No. 197171/2022 - CONDONATION OF DELAY IN FILING IA No. 197166/2022 - RECALLING THE COURTS ORDER) Diary No(s). 42177/2022 (XIV-A) IA No. 55189/2023 - CONDONATION OF DELAY IN FILING IA No. 202497/2022 - RECALLING THE COURTS ORDER) Diary No(s). 402/2023 (XIV-A) ( FOR MODIFICATION OF COURT ORDER ON IA 1057/2023 FOR CONDONATION OF DELAY IN FILING ON IA 138916/2023 IA No. 138916/2023 - CONDONATION OF DELAY IN FILING IA No. 1057/2023 - MODIFICATION OF COURT ORDER) Diary No(s). 446/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 1444/2023 FOR CONDONATION OF DELAY IN FILING ON IA 1447/2023 IA No. 1447/2023 - CONDONATION OF DELAY IN FILING IA No. 1444/2023 - RECALLING THE COURTS ORDER) Diary No(s). 674/2023 (XIV-A) (FOR RECALLING THE COURTS ORDER ON IA 2465/2023 FOR CONDONATION OF DELAY IN FILING ON IA 2468/2023 IA No. 2468/2023 - CONDONATION OF DELAY IN FILING IA No. 2465/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1001/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 4214/2023 FOR CONDONATION OF DELAY IN FILING ON IA 4217/2023 IA No. 4217/2023 - CONDONATION OF DELAY IN FILING IA No. 4214/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1464/2023 (XIV-A) IA No. 6695/2023 - CONDONATION OF DELAY IN FILING IA No. 6697/2023 - EXEMPTION FROM FILING O.T. IA No. 6693/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1465/2023 (XIV-A) IA No. 6703/2023 - CONDONATION OF DELAY IN FILING IA No. 6709/2023 - EXEMPTION FROM FILING O.T. IA No. 6701/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1466/2023 (XIV-A) IA No. 6704/2023 - CONDONATION OF DELAY IN FILING IA No. 6705/2023 - EXEMPTION FROM FILING O.T. IA No. 6702/2023 - RECALLING THE COURTS ORDER) 24
Diary No(s). 4091/2023 (XIV-A) IA No. 20072/2023 - CONDONATION OF DELAY IN FILING IA No. 20073/2023 - EXEMPTION FROM FILING O.T. IA No. 20071/2023 - RECALLING THE COURTS ORDER) Diary No(s). 4990/2023 (XIV-A) IA No. 24828/2023 - CONDONATION OF DELAY IN FILING IA No. 24831/2023 - EXEMPTION FROM FILING O.T. IA No. 24827/2023 - RECALLING THE COURTS ORDER) Diary No(s). 5711/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 28698/2023 FOR CONDONATION OF DELAY IN FILING ON IA 28701/2023 IA No. 28701/2023 - CONDONATION OF DELAY IN FILING IA No. 28698/2023 - RECALLING THE COURTS ORDER) Diary No(s). 6523/2023 (XIV-A) (FOR FOR RECALLING THE COURTS ORDER ON IA 33041/2023 FOR CONDONATION OF DELAY IN FILING ON IA 33043/2023 IA No. 33043/2023 - CONDONATION OF DELAY IN FILING IA No. 33041/2023 - RECALLING THE COURTS ORDER) Diary No(s). 6524/2023 (XIV-A) (FOR RECALLING THE COURTS ORDER ON IA 33039/2023 FOR CONDONATION OF DELAY IN FILING ON IA 33042/2023 IA No. 33042/2023 - CONDONATION OF DELAY IN FILING IA No. 33039/2023 - RECALLING THE COURTS ORDER) Diary No(s). 11767/2023 (XIV-A) (IA No. 57785/2023- Application for Condonation of delay in filing M.A. IA No. 57784/2023 - RECALLING THE COURTS ORDER IA No. 57785/2023 - RECALLING THE COURTS ORDER) Diary No(s). 12978/2023 (XIV-A) IA No. 64709/2023 - CONDONATION OF DELAY IN FILING IA No. 64708/2023 - RECALLING THE COURTS ORDER) Diary No(s). 13420/2023 (XIV-A) IA No. 131237/2023 - CONDONATION OF DELAY IN FILING IA No. 66347/2023 - RECALLING THE COURTS ORDER) Diary No(s). 14584/2023 (XIV-A) IA No. 71274/2023 - CONDONATION OF DELAY IN FILING IA No. 71275/2023 - RECALLING THE COURTS ORDER) Diary No(s). 14601/2023 (XIV-A) IA No. 71310/2023 - CONDONATION OF DELAY IN FILING IA No. 71308/2023 - RECALLING THE COURTS ORDER) Diary No(s). 21344/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 105101/2023 FOR CONDONATION OF DELAY IN FILING ON IA 105106/2023 FOR EXEMPTION FROM FILING O.T. ON IA 105108/2023 25
IA No. 105106/2023 - CONDONATION OF DELAY IN FILING IA No. 105108/2023 - EXEMPTION FROM FILING O.T. IA No. 105101/2023 - RECALLING THE COURTS ORDER) Diary No(s). 22524/2023 (XIV-A) IA No. 110340/2023 - CONDONATION OF DELAY IN FILING IA No. 110338/2023 - RECALLING THE COURTS ORDER) Diary No(s). 27415/2023 (XIV-A) IA No. 166957/2023 - CONDONATION OF DELAY IN FILING IA No. 166958/2023 - EXEMPTION FROM FILING PAPER BOOKS IA No. 130925/2023 - RECALLING THE COURTS ORDER) Diary No(s). 33298/2023 (XIV-A) FOR RECALLING THE COURTS ORDER ON IA 162108/2023 FOR CLARIFICATION/DIRECTION ON IA 153912/2024 FOR CONDONATION OF DELAY IN FILING ON IA 175628/2024 IA No. 153912/2024 - CLARIFICATION/DIRECTION IA No. 175628/2024 - CONDONATION OF DELAY IN FILING IA No. 162108/2023 - RECALLING THE COURTS ORDER) Diary No(s). 7295/2024 (XIV-A) IA No. 40166/2024 - CONDONATION OF DELAY IN FILING IA No. 40160/2024 - RECALLING THE COURTS ORDER) Diary No(s). 28063/2022 (XIV) (FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 173573/2023 FOR EXEMPTION FROM FILING O.T. ON IA 173574/2023 FOR CONDONATION OF DELAY IN FILING ON IA 173575/2023 IA No. 173575/2023 - CONDONATION OF DELAY IN FILING IA No. 173573/2023 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 173574/2023 - EXEMPTION FROM FILING O.T.) Diary No(s). 20119/2023 (XIV) (IA No. 107594/2023 - CONDONATION OF DELAY IN FILING IA No. 107595/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 40963/2022 (XIV-A) IA No. 197225/2022 - CONDONATION OF DELAY IN FILING IA No. 197222/2022 - RECALLING THE COURTS ORDER) ITEM 8.19 DIARY NO(S). 12327/2023 (XIV) (IA No. 173388/2023 - CONDONATION OF DELAY IN FILING, IA No. 173390/2023 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) ITEM 68 CONMT.PET.(C) NO. 1508/2018 IN C.A. NO. 12110/2016 (IA No. 55450/2019 - APPLICATION FOR PERMISSION, IA No. 19968/2019 26
– CLARIFICATION/DIRECTION, IA No. 55451/2019 – MODIFICATION, IA No. 195497/2022 - MODIFICATION OF COURT ORDER, IA No. 158564/2022 - MODIFICATION OF COURT ORDER) ITEM 68.1 CONMT.PET.(C) No. 463/2019 in MA 383/2018 in C.A. No. 12110/2016 (XIV-A) Date : 08-01-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE UJJAL BHUYAN For Parties Ms. Sujeeta Srivastava, AOR Mr. Ashwani Kumar, AOR Mr. Sanjay Parikh, Sr. Adv. Mr. Pukhrambam Ramesh Kumar, AOR Mr. Ritwik Parikh, Adv. Mr. Satwik Parikh, Adv. Ms. Kritika, Adv. Mr. Rajat K. Mittal, Adv. Mr. Prateek Srivastava, Adv. Mr. Karun Sharma, Adv. Ms. Rajkumari Divyasana, Adv. Mr. Nishit Agrawal, AOR Ms. Sunieta Ojha, AOR Ms. Shalini Chandra, AOR M/S. Saharya & Co., AOR Ms. Binu Tamta, AOR Mr. Sanjay Poddar, Sr. Adv. Ms. Niharika Ahluwalia, AOR Mr. Arpit Sharma, Adv. Mr. Himaghn Jain, Adv. Ms. Sonakshi Chaturvedi, Adv. Mr. Mihir Gupta, Adv. Mr. Sanjay Poddar, Sr. Adv. Mr. Ishaan Sharma, Adv. Ms. Mitali Gupta, Adv. Mr. Kumar Shitij, Adv. Mr. Nitin Mishra, AOR Mr. Shubham Shukla, Adv. Ms. Shambhavi Sharma, Adv. Mr. Saksham Kaushik, Adv. Mr. Govind, Adv. Mr. Aditya Kashyap, Adv. Mr. Sanjay Poddar, Sr. Adv. Ms. Manika Tripathy, AOR 27
Mr. Ashutosh Kaushik, Adv. Mr. Sanjay Poddar, Sr. Adv. Ms. Malvika Kapila, AOR Ms. Tanwangi Shukla, Adv. Ms. Harbani Shinh, Adv. Ms. Shalu Sharma, AOR Mr. T. L. Garg, AOR Mr. Rajender Pd. Saxena, AOR Mr. Rajendra Prasad Saxena, Adv. Mr. N.p. Sahni, Adv. Mr. Vineet Sinha, Adv. Ms. Ranjeeta Rohatgi, AOR Mr. Munawwar Naseem, Adv. Ms. Sanjna Dua, Adv. Ms. Namrata Langade, Adv. M/S. Dua Associates, AOR Mr. Bankey Bihari, AOR M/S. Vedya Partners Aor, AOR Mr. Jayant Mehta, Sr. Adv. Mr. Bharat Arora, Adv. Mr. Lakshay Raheja, Adv. Mr. Gourav Arora, Adv. Mr. Manikya Khanna, Adv. Mr. Vikramjeet Banerjee, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Sunita Sharma, Adv. Mr. Balendu Shekhar, Adv. Mr. Anukalp Jain, Adv. Mr. A K Kaul, Adv. Mr. Rohit Pandey, Adv. Mr. Raman Yadav, Adv. Mr. Padmesh Mishra, Adv. Mr. A K Panda, Adv. Mr. Abhay Kumar, AOR Mr. Shagun Ruhil, Adv. Ms. Kusum Pandey, Adv. Mr. Karan Chopra, Adv. Mr. Vikas Kumar, AOR Mr. B. Krishna Prasad, AOR Mr. Atul Kumar, AOR Dr. Sumant Bharadwaj, Adv. Mr. Vedant Bharadwaj, Adv. 28
Ms. Mridula Ray Bharadwaj, AOR Mr. D.M.sharma, Adv. Ms. Surbhi Sharma, Adv. Ms. Iti Sharma, Adv. Mr. Arvind Kumar Gupta, AOR Mr. Abhieshumat Gupta, Adv. Mr. Rajiv Ranjan Dwivedi, AOR Ms. Charu Ambwani, AOR Ms. Neeru Vaid, AOR Mr. Rajiv Kumar Ghawana, Adv. Mr. T. V. S. Raghavendra Sreyas, AOR Mr. Vikalp Chandela, Adv. Mr. Sachin Chaudhary, Adv. Mr. Ashish Kumar, Adv. Mr. Vishal Arun Mishra, AOR Ms. Smita Maan, AOR Mr. Vishal Maan, Adv. Mr. Satya Darshi Sanjay, A.S.G. Mr. B.k. Satija, Adv. Mr. Padmesh Mishra, Adv. Mr. Samta Pushkarna Mishra, Adv. Mr. C.k. Sharma, Adv. Mr. C.K. Sharma, Adv. Mr. Adarsh Kr. Pandey, Adv. Mr. Gautam Kumar, Adv. Mr. Manish, Adv. Mr. Vishnu Kant, Adv. Dr. N. Visakamurthy, AOR Mr. Rachita Kadyan, Adv. Mr. Atul Kumar, AOR Ms. Rachita Kadyan, Adv. Ms. Sweety Singh, Adv. Ms. Archana Kumari, Adv. Mr. Rahul Pandey, Adv. Mr. Avs Kadyan, Adv. Mr. Sudipta Singha Roy, Adv. Mr. Harsh Kumar, Adv. Mr. Vb Pandey, Adv. Mr. Himanshu Raj, Adv. Mr. Tara Chauhan, Adv. Ms. Sujeeta Srivastava, AOR Ms. Prachi Bajpai, AOR Mr. Chandra Prakash, AOR 29
Mr. Vivek Singh, Adv. Mr. C.p. Rajwar, Adv. Mr. Binay Kumar, Adv. Mr. Abhinav Kumar, Adv. Mr. Sanjay Kumar Pathak, Adv. Dr. V.B. Pandey, Adv. Mr. Mahesh Prasad, Adv. Mr. Amitabh Kumar Verma, Adv. Ms. Muskan Bhagat, Adv. Mr. Babu Malayil, Adv. Mr. B.l.shivhare, Adv. Mr. Sher Singh, Adv. Mr. Rajesh Singh Chauhan, AOR Mr. Alok K. Prasad, Adv. Mr. S K Rout, Adv. Mr. Ganesh Singh, Adv. Mr. Amit Acharya, Adv. Mr. Aman Mehrotra, Adv. Mr. Priyonkoo Anjan Gogoi, Adv. Ms. Priti, Adv. Mr. Prithvi Pal, AOR Ms. Smita Maan, AOR Mr. Vishal Maan, Adv. Mr. Kartik Dabas, Adv. Mr. Sanjay Poddar, Sr. Adv. Ms. Shalini Chandra, AOR Mr. Ishaan Sharma, Adv. Ms. Nandita Mishra Mr. Sanjay Poddar, Sr. Adv. Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv. Mr. Barun Dey, Adv. Mr. Sumit Bansal, Sr. Adv. Mr. Utsav Garg, Adv. Mr. Ananta Prasad Mishra, AOR Mr. Aditya Bakshi, Adv. Mr. Uddaibir Singh Kochar, Adv. Mr. Sudharshan Lamba, AOR Mr. Vikrant Yadav, Adv. Mr. Aniket Seth, Adv. Mr. Sharath Nambiar, Adv. Mr. Madhav Sinhal, Adv. UPON hearing the counsel the Court made the following 30
O R D E R MISCELLANEOUS APPLICATION Diary No(s). 42745/2022 (Item no. 6) 1. As per Office Report dated 06.01.2025, learned counsel for the applicant has not filed spare copies, due to which show cause notice could not be issued. 2. Learned counsel for the applicant shall do the needful within two days. 3. Issue fresh notice returnable on 22.01.2025. 4. Dasti, in addition, is permitted. Diary No. 12635 of 2023 (Item no. 6.1), Diary No. 12639 of 2023 (Item No. 6.2) and Diary No. 20119 of 2023 (Item No. 8.6) 5. Learned senior counsel for the Delhi Development Authority undertakes to furnish the details of previous Court cases alleged to have filed by the father-in-law of the respondent, i.e., Mr. Ram Labhaya, his family members, or Ruchi Vihar Housing Welfare Society which was statedly constituted by Mr. Ram Labhaya and his family. 6. Post the matters on 22.01.2025. Diary No. 23142 of 2023 (Item no. 6.4) 7. Respondent No. 5 is represented by Mr. N.Visakamurthy, learned AOR. It is reported that two other private respondents have passed away. Let the legal representatives be brought on record within one week by filing the necessary application. Upon such application being made, let notice be issued to the proposed legal representatives and service of notice be effected upon them through dasti. The other unserved respondents shall also be served through dasti. 8. List on 22.01.2025. 31
Diary No. 38181 of 2023 (Item No.6.7) 9. This matter is wrongly listed as it has already been disposed of vide our order dated 11.12.2024. M.A. Diary no. 674/2023 (Item No. 6.13) 10. The Revenue Records produced before us reveal that Narender Kumar filed the writ petition before the High Court through General Power of Attorney (GPA) – Anil Gupta. The copy of the GPA has also been appended with the writ petition, through which, the subject land has been, in a way, entrusted to Anil Gupta and his associates. The revenue entries relied upon in the writ petition also indicate such transfer of right. 11. Learned counsel for the landowner, however, disputes this objection raised on behalf of the writ petitioner. 12. Let the affidavit of the original owner Narender Kumar, S/o Munni Lal, along with all the requisite documents, to show that he is the owner in continuous possession of the subject land, be placed on record. 13. The documents relied upon for sanction of mutation be also appended with the affidavit. 14. Post this matter on 22.01.2025. Miscellaneous Application No. of 2025(@ D.NO.21786/202 3) in Civil Appeal No. 8648 of 2016, Miscellaneous Application No. of 2025(@ D.NO.402/202 3) in Review Petition (c) No(S). @ D.No. 27346 OF 2019 in Civil Appeal No. 8639 of 2016 (Item nos. 6.3 and 6.11) 15. Delay condoned. 16. The Miscellaneous Applications are disposed of in terms of the Signed Order. 17. As a result, the pending interlocutory application(s), if any, also stands disposed of. 32
MISCELLANEOUS APPLICATION No. of 2025(@ D.NO.34776 of 202 3) in Review Petition (C) No(s)......@ D.No. 41760 Of 2018 in Civil Appeal No. 8624 Of 2016, Miscellaneous Application No. of 2025(@ D.NO. 34835/202 3) in Civil Appeal No. 8624 of 2016 (Item nos. 6.5 and 6.6) 18. The Miscellaneous Applications are disposed of in terms of the Signed Order. 19. As a result, the pending interlocutory application(s), if any, also stands disposed of. Miscellaneous Application No. Of 2025[@ Diary No.40773 Of 2022], Civil Appeal No(S).... Of 2025 @ SLP (C) No(S). Of.... 2025 @ Diary No. 28063 Of 2022, Miscellaneous Application No. Of 2025 @ D.No. 40963/202 2 (Item Nos. 6.8, 7.7 and 13.8) 20. Delay condoned. 21. Leave granted. 22. The Miscellaneous Application(s) for recalling of order(s), as also Review Petition are allowed, and order dated 04.05.2017 is recalled. Civil Appeal No. 6230 of 2017 is restored to its original number. 23. The civil appeals are partly allowed in terms of the Signed Order. 24. As a result, the pending interlocutory application(s), if any, also stands disposed of. Miscellaneous Application No. Of 2025(@ D.No. 40951 Of 202 2) in Review Petition (c) No(S).......@ D.No. 13945 Of 2019 in Civil Appeal No. 6149 Of 2017 (Item No. 6.9) 25. Delay condoned. 26. The Miscellaneous Application(s) for recalling of order, as also the Review Petition are allowed, and order dated 04.05.2017 is recalled. Civil Appeal No. 6149/2017 is restored to its original number. 33
27. T he civil appeal is partly allowed in terms of the Signed Order. 28. As a result, the pending interlocutory application(s), if any, also stands disposed of. DIARY NO(S). 42177/2022 (Item no. 6.10) 29. Delay condoned. 30. Miscellaneous Application is dismissed as having become infructuous in terms of the signed order. 31. Pending application(s), if any, stands disposed of. DIARY NO(S). 446/2023 (Item No. 6.12) 32. Delay condoned. 33. Miscellaneous application is allowed. Civil Appeal No.6262/2017 is restored to its original number. 34. Civil Appeal No.6262/2017 is partly allowed in terms of the signed order. Pending application(s), if any, stands disposed of. DIARY NO. 1001/2023, DIARY NO. 12327/2023, CONMT.PET.(C) NO. 1508/2018 IN C.A. NO. 12110/2016 & CONMT.PET.(C) No. 463/2019 in MA 383/2018 in C.A. No. 12110/2016 : (Item 6.14,8.19,68,68.1) 35. Delay condoned. 36. Leave granted in SLP@ Diary No. 12327/2023. 37. These matters are disposed of in terms of the signed order. 38. Pending application(s), if any, stands disposed of. Rest of the matters 39. List on 22.01.2025. (KAPIL TANDON) (POOJA SHARMA) (PREETHI T.C.) COURT MASTER (SH) COURT MASTER (SH) ASSISTANT REGISTRAR 34
(Signed orders in Miscellaneous Application No.....of 2025(@ D.NO.21786 of 202 3) in Civil Appeal No. 8648 of 2016, Miscellaneous Application No. of 2025(@ D.NO.402/202 3) in Review Petition (c) No(S). @ D.No. 27346 OF 2019 in Civil Appeal No. 8639 of 2016 , Miscellaneous Application No. of 2025(@ D.NO.34776 of 202 3) in Review Petition (C) No(s)......@ D.No. 41760 Of 2018 in Civil Appeal No. 8624 Of 2016, Miscellaneous Application No. of 2025(@ D.NO. 34835/202 3) in Civil Appeal No. 8624 of 2016, Miscellaneous Application No. Of 2025[@ Diary No.40773 Of 2022],Civil Appeal No(S).... Of 2025 @ SLP (C) No(S). Of.... 2025 @ Diary No. 28063 Of 2022, Miscellaneous Application No. Of 2025 @ D.No. 40963 of 2022 in Review Petition (C) Nos. ....@ D.No. 5204 of 2020 in Civil Appeal No. 6230 of 2017 , Miscellaneous Application No. Of 2025(@ D.No. 40951 Of 202 2) in Review Petition (c) No(S).......@ D.No. 13945 Of 2019 in Civil Appeal No. 6149 Of 2017,DIARY NO(S). 42177/2022, DIARY NO(S). 446/2023,DIARY NO. 1001/2023, DIARY NO. 12327/2023, CONMT.PET.(C) NO. 1508/2018 IN C.A. NO. 12110/2016 & CONMT.PET.(C) No. 463/2019 in MA 383/2018 in C.A. No. 12110/2016 are placed on the file) 35
1 ITEM NO.22 COURT NO.12 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION Diary No(s). 40951/2022 (Arising out of impugned final judgment and order dated 04-05-2017 in D No. No. 13945/2019 passed by the Supreme Court Of India) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS ABHISHEK JAIN & ANR. Respondent(s) IA No. 197171/2022 - CONDONATION OF DELAY IN FILING IA No. 197166/2022 - RECALLING THE COURTS ORDER) WITH Diary No(s). 674/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 2465/2023 FOR CONDONATION OF DELAY IN FILING ON IA 2468/2023 IA No. 2468/2023 - CONDONATION OF DELAY IN FILING IA No. 2465/2023 - RECALLING THE COURTS ORDER) Diary No(s). 3577/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 17677/2023 FOR CONDONATION OF DELAY IN FILING ON IA 17678/2023 IA No. 17678/2023 - CONDONATION OF DELAY IN FILING IA No. 17677/2023 - RECALLING THE COURTS ORDER) Diary No(s). 5711/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 28698/2023 FOR CONDONATION OF DELAY IN FILING ON IA 28701/2023 IA No. 28701/2023 - CONDONATION OF DELAY IN FILING IA No. 28698/2023 - RECALLING THE COURTS ORDER) Diary No(s). 1713/2023 (XIV-A) ( FOR RECALLING THE COURTS ORDER ON IA 7991/2023 FOR CONDONATION OF DELAY IN FILING ON IA 7998/2023 IA No. 7998/2023 - CONDONATION OF DELAY IN FILING IA No. 7991/2023 - RECALLING THE COURTS ORDER) Diary No(s). 42177/2022 (XIV-A) IA No. 55189/2023 - CONDONATION OF DELAY IN FILING IA No. 202497/2022 - RECALLING THE COURTS ORDER) Date : 04-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Ms. Sunieta Ojha, AOR
2 Mr. Ram Naresh Yadav, AOR M/S. Saharya & Co., AOR Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv. For Respondent(s) Mr. Rajiv Ranjan Dwivedi, AOR Mr. Rajesh Singh Chauhan, AOR Mr. Mahesh Prasad, Adv. Mr. Alok K. Prasad, Adv. Ms. Aashi Gupta, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Bankey Bihari, AOR Mr. Pramod B. Agarwala, AOR Mr. Vikas Kumar, AOR Mr. Sumit Bansal, Adv. Mr. Vikas Kumar, Adv. Ms. Parul Manral, Adv. Mr. Ankit Vashish, Adv. Ms. Meenakhi Saini, Adv. Mr. Corporatelegalpartners, Adv. Mr. Jagjit Singh Chhabra, AOR Mr. T. Mahipal, AOR Mr. Atul Kumar, AOR Ms. Sweety Singh, Adv. Ms. Archana Kumari, Adv. Mr. Rahul Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R Tag along with SLP(C) Diary No. 17623/2021 and other similar applications/ petitions. (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR