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MUNICIPAL COMMITTEE/COUNCIL JALALABAD (W) v. VIMLA DEVI (NOW DECEASED) THROUGH LRS.

Supreme Court of India | Diary 394/2020

Status

Order

Decided On

2022-11-18

Bench

HON'BLE MR. JUSTICE M.R. SHAH and HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

MUNICIPAL COMMITTEE/COUNCIL JALALABAD (W)

Respondent

VIMLA DEVI (NOW DECEASED) THROUGH LRS.

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Full Judgment Text

1

ITEM NO.2 COURT NO.5 SECTION IV-B

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).5498/2020

(Arising out of impugned final judgment and order dated 19-11-2019 in CR No. 4242/2019 passed by the High Court Of Punjab & Haryana At Chandigarh)

MUNICIPAL COMMITTEE/COUNCIL JALALABAD (W) Petitioner(s)

VERSUS

VIMLA DEVI (NOW DECEASED) THROUGH LRS. & ORS. Respondent(s)

(With IA No. 27844/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 18-11-2022 The petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s) Mr. Abhishek Pareek, Adv. Ms. Usha Nandini V., AOR For Respondent(s) Mr. Gagan Gupta, AOR

UPON hearing the counsel the Court made the following O R D E R

It is very unfortunate that the authority who have taken over

the land of the original plaintiff without acquiring the land and

thereafter when the decree is passed to pay the compensation a plea

is taken that the execution petition be dismissed on the ground of

limitation. It is absolutely unfair on the part of the petitioner

who has used the land without acquisition and thereafter when it is

directed to pay compensation, it ...

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