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SH. R.S. GAUTAM v. DELHI DEVELOPMENT AUTHORITY THROUGH THE VICE CHAIRMAN

Supreme Court of India | Diary 10164/2018

Status

ROP - of Main Case

Decided On

05-07-2018

Bench

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL and HON'BLE MR. JUSTICE S. ABDUL NAZEER

Petitioner

SH. R.S. GAUTAM

Respondent

DELHI DEVELOPMENT AUTHORITY THROUGH THE VICE CHAIRMAN

Primary Holding

A person found to be an encroacher without title may seek fresh adjudication before the High Court upon production of previously unavailable title documents, with the court retaining liberty to consider such application on its merits.

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Full Judgment Text

ITEM NO.13 COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13288/2018 (Arising out of impugned final judgment and order dated 18-12-2017 in RFA No. 1023/2017 passed by the High Court Of Delhi At New Delhi) SH. R.S. GAUTAM & ORS. Petitioner(s) VERSUS DELHI DEVELOPMENT AUTHORITY & ORS. Respondent(s) (With Interim Relief and IA No.67067/2018-EXEMPTION FROM FILING O.T. and IA No.67066/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS) Date : 05-07-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Keshav Dayal,Adv. Mr. Alok Gupta, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard. We do not find any ground to interfere in view of the finding in the impugned order that the petitioner is an encroacher and had no title. Learned counsel for the petitioners submits that documents of title are available but could not be placed before the High Court. If it is so, the petitioners are at liberty to move the High Court again. Any such an application may be considered by the High Court on its own merits having regard to the documents which may be produced by the petitioners. We make it clear that we have not expressed any opinion on the contentions which are proposed to be raised before the High Court. The special leave petition is accordingly disposed of. Pending applications, if any, shall also stand disposed of. (MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER

ITEM NO.2 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. SANJAY PARIHAR SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10164/2018 SH. R.S. GAUTAM & ORS. Petitioner(s) VERSUS DELHI DEVELOPMENT AUTHORITY & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.67067/2018-EXEMPTION FROM FILING O.T. and IA No.67065/2018-CONDONATION OF DELAY IN REFILING and IA No.67066/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS) Date : 14-05-2018 This petition was called on for hearing today. For Petitioner(s) Mr. D.K. Singh,Adv. Mr. Alok Gupta, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in refiling is condoned. Registry to proceed further. SANJAY PARIHAR Registrar MG

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