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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. OF 2024 (Arising out of SLP(Civil) No. 26188-26189/2013 )
U.P AVAS EVAM VIKAS PARISHAD THROUGH Appellant(s) HOUSING COMMISSIONER & ORS.
VERSUS
M/S GARG PROPERTIES (PVT.) LIMITED & ORS. Respondent(s)
O R D E R
1. Delay condoned.
2. Leave granted.
3. Heard learned counsel appearing for the parties.
4. Both these appeals arise out of the impugned
judgments and orders dated 21.12.2010 and 05.04.2013,
passed by the High Court of Judicature at Allahabad,
Lucknow Bench, in W.P. No. 1037/ 1993 (M/B) dated
21.12.2010 and in the Review Petition (D) No. 46 of 2011
respectively, whereby the High Court had allowed the said
Writ Petition filed by the respondent no.1-Company and
dismissed the Review Petition filed by the present
appellant(s).
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5. It may be noted that the High Court, while allowing
the Writ Petition of respondent no.1 (the Writ
Petitioner), vide its impugned order dated 21.12.2010, had
observed as hereunder;
……...”After hearing the learned counsel for the
parties at length, we are of the view that even
if the area of the land is 810 Sq. Mtrs., the
opposite parties are not in a position to
deliver the entire area to the petitioner. The
petitioner shall be liable for the payment of
case of land only to the extent of· actual
pos...