Delhi Development Authority vs Ashok Kumar .

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11826 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19207 OF 2015 ]

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

ISLAMUDDIN & ORS. Respondent(s)

WITH

CIVIL APPEAL NO. 11827 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11352 OF 2016 ]

GOVERNMENT OF NCT OF DELHI THROUGH SECRETARY & ANR. Appellant(s)

VERSUS

ISLAMUDDIN & ANR. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant – Delhi Development Authority is

aggrieved by the Judgment dated 22.12.2014 passed by

the High Court of Delhi, whereby the High Court

declared that the acquisition proceedings in question

have lapsed on account of operation of Section 24(2)

of the Right to Fair Compensation and Transparency in Signature Not Verified Land Acquisition, Rehabilitation and Resettlement Digitally signed by JAYANT KUMAR ARORA Date: 2017.01.09 17:05:06 IST Reason: Act, 2013 (in short, “2013 Act”).

3. In the case before us, the High Court has taken 2

note of the fact that the compensation has never been

paid to the owners. Be that as it may, the main

contention urged is that the writ petitioner has no

locus standi to file a Writ Petition for the

declaration that the proceedings have lapsed.

4. Heavy reliance is placed on a decision of this

Court in Star Wire (India) Ltd. Vs. State of Haryana

and Others, reported in (1996) 11 SCC 698. It was a

case where the land acquisition proceedings were

initiated under Section 4(1) of the Land Acquisition

Act, 1894 (in short, "1894 Act"). The Notification

was issued on 01.06.1976. Section 6 Declaration was

published on 16.02.1977 and the Award was passed on

03.07.1981. Section 18 Reference had also become

final. Thereafter, the Writ Petition was filed on

21.01.1994. The Writ Petitioner therein contended

that he was the person who had purchased the property

after the Section 4(1) Notification was issued. In

that context, it was held that “Any encumbrance

created by the erstwhile owner of the land after

publication of the notification under Section 4(1)

does not bind the State if the possession of the land

is already taken over, after the award came to be

passed.” It was also held that such a purchaser

does not acquire any valid title and in such 3

circumstances, it was held that those subsequent

purchasers have no right to challenge the acquisition

proceedings, much less the Award.

5. Under the Delhi Lands (Restrictions on Transfer)

Act, 1972, restriction on transfer is only after the

Declaration under Section 6(1) of the 1894 Act is

published. There is also a prohibition under Section

3 which pertains to transfer of land already acquired

by Central Government. What is relevant is Section

4, which reads as follows :-

“4. Regulation on transfer of lands in relation to which acquisition proceedings have been initiated – No person shall, except with the previous permission in writing of the competent authority, transfer or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in the Union Territory of Delhi, which is proposed to be acquired in connection with the Scheme and in relation to which a declaration to the effect that such land or part thereof is needed for a public purpose having been made by the Central Government under section 6 of the Land Acquisition Act, 1894, the Central Government has not withdrawn from the acquisition under section 48 of that Act.” 4

6. Section 9 deals with penalty for contravention of

the provisions of Section 3 or Section 4. Therefore,

under the statutory scheme, the restriction on

transfer is only after publication of Notification

under Section 6 of the 1894 Act. Being a special law

as far as Delhi is concerned, this will, in no case,

prevail over any other general law on restriction on

transfer after initiation of acquisition proceedings.

7. In the instant case, the property is situated in

Delhi and the contention of the appellant on locus

standi is based on the alleged void transfer after

initiation of the land acquisition proceedings. Such

transfers would be void in Delhi only in case the same

is made after the declaration under Section 6(1). In

the instant case, the transfer is prior to Section

6(1) declaration, though after Section 4(1).

Therefore, there is no merit in the contention

advanced by the appellant that the writ petitioners

did not have any locus standi to challenge the land

acquisition.

8. The writ petitioner approached the High Court

contending that neither the compensation was paid nor

the possession taken and hence, sought for a

declaration under Section 24(2) of the 2013 Act. The 5

benefit under Section 24(2) of the 2013 Act is

available in the event of two circumstances - (i) The

compensation has not been paid though the Award has

been passed under the provisions of the 1894 Act prior

to 01.01.2014; (ii) Despite passing an Award and

payment of compensation, possession had not been taken

five years prior to 01.01.2014. As far as the

compensation part is concerned, there is no dispute

that the same has not been paid. Hence, the writ

petitioner is entitled to have the declaration under

Section 24(2) of the 2013 Act. Since the respondent

cannot be non-suited on the ground that he has no

locus standi, there is no merit in the appeal and it

is, accordingly, dismissed.

9. In the peculiar facts and circumstances of this

case, the appellant is given a period of one year to

exercise its liberty granted under Section 24(2) of

the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement

Act, 2013 for initiation of the acquisition

proceedings afresh.

10. We make it clear that in case no fresh

acquisition proceedings are initiated within the said

period of one year from today by issuing a

Notification under Section 11 of the Act, the 6

appellant, if in possession, shall return the

physical possession of the land to the owner.

No costs.

CIVIL APPEAL NO. 11827 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 11352 OF 2016

1. Leave granted.

2. In terms of the Judgment passed in Civil Appeal

No. 11826 of 2016 [@SLP (C) No. 19207 of 2015], as

above, this civil appeal is dismissed.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;

November 29, 2016.

7

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11818 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22522 OF 2015 ]

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

RAVI KUMAR GUPTA & ORS. Respondent(s)

WITH

CIVIL APPEAL NO. 11819 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22135 OF 2015 ]

CIVIL APPEAL NO. 11821 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22136 OF 2015 ]

CIVIL APPEAL NO.11833 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30724 OF 2015 ]

CIVIL APPEAL NO. 11834 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30134 OF 2015 ]

CIVIL APPEAL NO. 11836 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 1703 OF 2016 ]

CIVIL APPEAL NO. 11841 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7570 OF 2016 ]

CIVIL APPEAL NO. 11846 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 8755 OF 2016 ]

CIVIL APPEAL NO. 11851 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7560 OF 2016 ]

CIVIL APPEAL NO. 11852 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 5902 OF 2016 ]

CIVIL APPEAL NO. 11853 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 5909 OF 2016 ]

CIVIL APPEAL NO. 11859 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 1691 OF 2016 ]

CIVIL APPEAL NO. 11854 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11961 OF 2016 ] 8

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The issue, in principle, is covered against the

appellant by judgments in Civil Appeal No. 8477 of

2016 arising out of Special Leave Petition (C) No.

8467 of 2015 and Civil Appeal No. 5811 of 2015

arising out of Special Leave Petition (C) No. 21545

of 2015.

3. These appeals are, accordingly, dismissed.

4. In the peculiar facts and circumstances of these

cases, the appellant is given a period of one year to

exercise its liberty granted under Section 24(2) of

the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement

Act, 2013 for initiation of the acquisition

proceedings afresh.

5. We make it clear that in case no fresh

acquisition proceedings are initiated within the said

period of one year from today by issuing a

Notification under Section 11 of the Act, the 9

appellant, if in possession, shall return the

physical possession of the land to the owner.

Pending applications, if any, stand disposed of.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;

November 29, 2016.

10

NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11856 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 14702 OF 2015 ]

GOVT. OF NCT OF DELHI AND ORS. APPELLANT (s)

VERSUS

KARTAR SINGH & ORS. RESPONDENT(s)

WITH

CIVIL APPEAL NO. 11858 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26528 OF 2015 ]

CIVIL APPEAL NO. 11860 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28848 OF 2015 ]

CIVIL APPEAL NO. 11862 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11387 OF 2016 ]

CIVIL APPEAL NO. 11864 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 17320 OF 2016 ]

CIVIL APPEAL NO. 11863 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11347 OF 2016 ]

CIVIL APPEAL NO. 11861 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11402 OF 2016 ]

CIVIL APPEAL NO. 11857 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 17300 OF 2016 ]

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The issue, in principle, is covered against

the appellants by judgments in Civil Appeal No.

8477 of 2016 arising out of Special Leave

Petition(C) No. 8467 of 2015 and Civil Appeal No.

5811 of 2015 arising out of Special Leave 11

Petition (C) No. 21545 of 2015. The appeals

filed by the requisitioning authority, namely the

Delhi Development Authority, have already been

dismissed by this Court.

3. These appeals are, accordingly, dismissed.

4. In the peculiar facts and circumstances of

these cases, the appellants are given a period of

one year to exercise its liberty granted under

Section 24(2) of the Right to Fair Compensation

and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 for

initiation of the acquisition proceedings afresh.

5. We make it clear that in case no fresh

acquisition proceedings are initiated within the

said period of one year from today by issuing a

Notification under Section 11 of the Act, the

appellants, if in possession, shall return the

physical possession of the land to the original

land owner.

Pending applications, if any, stand disposed

of. No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;

November 29, 2016.

12

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 11855 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 8771 OF 2016 ]

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

HARISH SAWHNEY & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. This is a case where transfer is made after

Section 4(1) Notification under The Land Acquisition

Act, 1894, but prior to Section 6(1) Declaration.

3. This appeal is, accordingly, dismissed.

4. In the peculiar facts and circumstances of this

case, the appellant is given a period of one year to

exercise its liberty granted under Section 24(2) of

the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement

Act, 2013 for initiation of the acquisition

proceedings afresh.

5. We make it clear that in case no fresh

acquisition proceedings are initiated within the said

period of one year from today by issuing a

Notification under Section 11 of the Act, the

appellant, if in possession, shall return the

physical possession of the land to the owner. 13

Pending applications, if any, stand disposed of.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;

November 29, 2016.

14

ITEM NO.17 + 32 + 33 COURT NO.8 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). 13381/2015

(Arising out of impugned final judgment and order dated 23/12/2014 in WPC No. 6379/2014 passed by the High Court Of Delhi At New Delhi)

DELHI DEVELOPMENT AUTHORITY Petitioner(s)

VERSUS

ASHOK KUMAR AND ORS. Respondent(s)

(with office report)

WITH

SLP(C) No. 22522/2015 (with Office Report)

SLP(C) No. 22135/2015 (with office Report)

SLP(C) No. 19204/2015 (with appln.(s) for impleadment and Office Report)

SLP(C) No. 22136/2015 (with Office Report)

SLP(C) No. 16995/2015 (with Interim Relief and Office Report)

SLP(C) No. 19207/2015 (with Office Report)

SLP(C) No. 30199/2015 (with Office Report)

SLP(C) No. 30244/2015 (with Office Report)

SLP(C) No. 33344/2015 (with Office Report)

SLP(C) No. 31673/2015 (with Office Report)

SLP(C) No. 30724/2015 (with Office Report) 15 SLP(C) No. 30211/2015 (with Office Report)

SLP(C) No. 34619/2015 (with Interim Relief and Office Report)

SLP(C) No. 33345/2015 (with Office Report)

SLP(C) No. 30134/2015 (with Office Report)

SLP(C) No. 30148/2015 (with Office Report)

SLP(C) No. 30121/2015 (with Office Report)

SLP(C) No. 1686/2016 (with Office Report)

SLP(C) No. 545/2016 (with Office Report)

SLP(C) No. 848/2016 (with Office Report)

SLP(C) No. 1703/2016 (with Office Report)

SLP(C) No. 1700/2016 (with Office Report)

SLP(C) No. 35231/2015 (with Office Report)

SLP(C) No. 1698/2016 (with Office Report)

SLP(C) No. 35243/2015 (with Office Report)

SLP(C) No. 7564/2016 (with Office Report)

SLP(C) No. 7570/2016 (with Office Report)

SLP(C) No. 5910/2016 (with Office Report)

SLP(C) No. 8755/2016 16

(with Office Report)

SLP(C) No. 7560/2016 (with Office Report)

SLP(C) No. 5902/2016 (with Office Report)

SLP(C) No. 5909/2016 (with Office Report)

SLP(C) No. 7568/2016 (with Office Report)

SLP(C) No. 8766/2016 (with Office Report)

SLP(C) No. 8770/2016 (with Office Report)

SLP(C) No. 8762/2016 (with Office Report)

SLP(C) No. 8758/2016 (with Office Report)

SLP(C) No. 8771/2016 (with Office Report)

SLP(C) No. 8768/2016 (with Office Report)

SLP(C) No. 8761/2016 (with Office Report)

SLP(C) No. 8769/2016 (with Office Report)

SLP(C) No. 8765/2016 (with Office Report)

SLP(C) No. 8776/2016 (with Office Report)

SLP(C) No. 8774/2016 (with Office Report)

SLP(C) No. 8773/2016 (with Office Report)

SLP(C) No. 8775/2016 (with Office Report) 17 SLP(C) No. 8812/2016 (with Office Report)

SLP(C) No. 8791/2016 (with Office Report)

SLP(C) No. 8780/2016 (with Office Report)

SLP(C) No. 8799/2016 (with Office Report)

SLP(C) No. 8797/2016 (with Office Report)

SLP(C) No. 8779/2016 (with Office Report)

SLP(C) No. 8804/2016 (with Office Report)

SLP(C) No. 8813/2016 (with Office Report)

SLP(C) No. 8796/2016 (with Office Report)

SLP(C) No. 8811/2016 (with Office Report)

SLP(C) No. 8808/2016 (with Office Report)

SLP(C) No. 8798/2016 (with Office Report)

SLP(C) No. 8817/2016 (with Office Report)

SLP(C) No. 8819/2016 (with Office Report)

SLP(C) No. 8818/2016 (with Office Report)

SLP(C) No. 8820/2016 (with Office Report)

SLP(C) No. 10169/2016 (with Office Report)

SLP(C) No. 19600/2015 (with Office Report) 18 SLP(C) No. 17248/2015 (with Interim Relief and Office Report)

SLP(C) No. 19597/2015 (with Office Report)

SLP(C) No. 18485/2015 (with Office Report)

SLP(C) No. 8829/2016 (with Office Report)

SLP(C) No. 24320/2016 (with Office Report)

SLP(C) No. 13551/2015 (with Office Report)

SLP(C) No. 10012/2016 (with Office Report)

SLP(C) No. 11963/2016 (with Office Report)

SLP(C) No. 14802/2015 (with Office Report)

SLP(C) No. 10495/2016 (with Office Report)

SLP(C) No. 10009/2016 (with Office Report)

SLP(C) No. 19578/2015 (with Office Report)

SLP(C) No. 19602-19603/2015 (with Office Report)

SLP(C) No. 14702/2015 (with Office Report)

SLP(C) No. 19452/2015 (with Office Report)

SLP(C) No. 8836/2016 (with Office Report)

SLP(C) No. 26533/2015 (with Office Report)

SLP(C) No. 30167/2015 19

(with Office Report)

SLP(C) No. 26528/2015 (with Office Report)

SLP(C) No. 30183/2015 (with Office Report)

SLP(C) No. 27485/2015 (with Office Report)

SLP(C) No. 28305/2015 (with Office Report)

SLP(C) No. 28847/2015 (with Office Report)

SLP(C) No. 26525/2015 (with Office Report)

SLP(C) No. 22988/2015 (with Office Report)

SLP(C) No. 22995/2015 (with Office Report)

SLP(C) No. 25524/2015 (with Office Report)

SLP(C) No. 22996/2015 (with Office Report)

SLP(C) No. 22994/2015 (with Office Report)

SLP(C) No. 30170/2015 (with Office Report)

SLP(C) No. 26535/2015 (with Office Report)

SLP(C) No. 28848/2015 (with Office Report)

SLP(C) No. 11448/2016 (With appln.(s) for permission to file additional documents and Office Report)

SLP(C) No. 16762/2016 (with Office Report)

SLP(C) No. 11465/2016 (with Office Report) 20 SLP(C) No. 7731/2016 (with Office Report)

SLP(C) No. 32647/2015 (with Office Report)

SLP(C) No. 11479/2016 (with Office Report)

SLP(C) No. 11383/2016 (with Office Report)

SLP(C) No. 11372/2016 (with Office Report)

SLP(C) No. 11339/2016 (with Office Report)

SLP(C) No. 11387/2016 (with Office Report)

SLP(C) No. 9061/2016 (with Office Report)

SLP(C) No. 17320/2016 (with Office Report)

SLP(C) No. 11462/2016 (with Office Report)

S.L.P.(C)...CC No. 3492/2016 (with Office Report)

SLP(C) No. 11347/2016 (with Office Report)

SLP(C) No. 9184/2016 (with Office Report)

SLP(C) No. 11373/2016 (with Office Report)

SLP(C) No. 30275/2015 (with Office Report)

SLP(C) No. 11356/2016 (with Office Report)

SLP(C) No. 11349/2016 (with Office Report)

SLP(C) No. 11352/2016 21

(with Office Report)

SLP(C) No. 7754/2016 (with Office Report)

SLP(C) No. 7735/2016 (with Office Report)

SLP(C) No. 11380/2016 (with Office Report)

SLP(C) No. 7761/2016 (with Office Report)

SLP(C) No. 11404/2016 (with Office Report)

SLP(C) No. 9643/2016 (with Office Report)

SLP(C) No. 11402/2016 (with Office Report)

SLP(C) No. 8987/2016 (with Office Report)

SLP(C) No. 9179/2016 (With appln.(s) for impleadment and Office Report)

SLP(C) No. 11394/2016 (with Office Report)

SLP(C) No. 1691/2016 (with Office Report)

with

SLP(C) No. 17300 of 2016 (With Office Report)

SLP(C) No.11961 of 2016 (With Office Report)

Date : 29/11/2016 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Counsel for the parties Mr. P.S.Narasimha, ASG Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Praneet Pranav, Adv.

Ms. Binu Tamta, Adv.

22

Mr. Shadman Ali, Adv.

Ms. Rashmi Malhotra, Adv.

Mr. Vibhu Shanker Mishra, Adv. Mr. R. S. Nagar, Adv.

Mr. Raj Bahadur Yadav, Adv. Ms. Meera Bhatia, Adv.

Mr. M. P. Gupta, Adv.

Mr. Dev Kumar, Adv.

Mr. B. K. Prasad, Adv.

Mr. D. S. Mahra, Adv.

Mr. N.S. Vasisht, Adv.

Mr. Vishal Singh, Adv.

Ms. Jyoti Kataria, Adv.

Mr. M.P. Bhargava, Adv.

Mr. Pradeep Misra, Adv.

Mr. S.K. Rout, Adv.

Mr. Onkar Prasad, Adv.

Mr. Meera Bhatia, Adv.

Mr. Nitin Mishra, Adv.

Mr. Mahabir Singh, Sr. Adv. Mr. Rakesh Dahiya, Adv.

Mr. Satyavan Kudalwal, Adv. Mr. Aditya Dahiya, Adv.

Mr. Ravinder Sethi, Sr. Adv. Mr. Rajiv Kumar Ghawana, Adv. Mr. T.V.S. Raghavendra Sreyas, AOR Mr. Puneet Sharma, Adv.

Mr. Bankey Bihari, Adv.

Ms. Smita Maan, Adv.

Mr. B.S. Maan, Adv.

Mr. Vishal Maan, Adv.

Mr. Naresh Maan, Adv.

Mr. R.K. Shokeen, Adv.

Mr. Roopansh Purohit, Adv.

Mr. Sumit Bansal, Adv.

Mr. Ateev Mathur, Adv.

Ms. Richa Oberoi, Adv.

Mr. Vikas Kumar, Adv.

Mr. Preetik Kohli, Adv.

Mr. Manish Paliwal, Adv.

Mr. Vanshaja Shukla, Adv.

Mr. Ritika Jhuniani, Adv.

Mr. Anup Kumar, Adv.

Mr. B. Tripathy, Adv.

23

Mr. Naresh Kaushik, Adv.

Mr. Randhir Pandey, Adv.

Mr. Gaurav Goel, Adv.

Mr. Praveen Sehrawat, Adv.

Mr. Sumeer Sodhi, Adv.

Mr. Arjun Nanda, Adv.

Mr. T. Mahipal, AOR

Ms. Bushra Parveen, Adv.

Ms. Minali Deswal, Adv.

Ms. Rachana Srivastava, Adv. Mr. Atul Kumar, Adv.

Mr. Amrender Saran, Sr. Adv. Mr. Ashwani Kumar, Adv.

Mr. Rahul Bhatia, Adv.

Ms. Richa Kapoor, Adv.

Ms. Mallika Parmar, Adv.

Ms. Seema Patnaha, Adv.

Mr. Manoj K. Mishra, Adv.

Mr. Sandeep Kr. Dwivedi, Adv. Mr. Umesh Dubey, Adv.

Ms. Meghna Kalra, Adv.

Ms. Madhubala, Adv.

Mr. S.K. Pathak, Adv.

Mr. Alok Gupta, Adv.

Mr. Dinesh Kumar Garg,Adv. Mr. Deepak Mishra, Adv.

Mr. Ashok Kumar Bhardwaj, Adv.

Mr. N.S. Dalal, Adv.

Mr. D.P. Singh, Adv.

Mr. R. C. Kaushik, Adv.

Mr. Anoop Baghi, Sr. Adv.

Mr. Amitabh Kumar Verma, Adv. Mr. Rajesh Singh Chauhan, Adv.

Mr. Jitendra Mohan Sharma, Sr. Adv. Mr. Sanchit Garg, Adv.

Mr. Adnan Siddiqui, Adv.

Mr. Ajit Sharma, Adv.

Mr. Amit Gupta, Adv.

Ms. Mansi Kukreja, Adv.

Mr. Anant Pavgi,Adv.

for Mitter & Mitter Co.

24

Mr. P.P. Malhotra, Sr. Adv. Mr. Yasir Rauf, Adv.

Mr. Adnan Siddiqui, Adv.

Mr. Ajit Sharma, Adv.

Mr. A. K. Sanghi, Sr. Adv.

Mr. Mohan Prasad Gupta, Adv. Mr. R.K. Rathore, Adv.

Mr. Shadman Ali, Adv.

Mr. R.R. Rajesh, Adv.

Ms. Rashmi Malhotra, Adv.

Mr. R.R. Rajesh, Adv.

Mr. Vikash, Adv.

Mr. M. K. Maroria, Adv.

Mr. D.S. Mahra, Adv.

Ms. Rachana Srivastava, Adv. Ms. Monika, Adv.

Mr. Sukrit R. Kapoor, Adv.

Mr. Manish K. Bishnoi, Adv. Mr. Venkat Poonia, Adv.

Ms. Sushma Suri, Adv.

Mr. Gaurav Sarin, Adv.

Mrs. Charul Sarin, Adv.

Mrs. Ranjeeta Rohatgi, Adv.

Mr. Navin Chawla, Adv.

Ms. Nidhi Mohan Prashar, Adv. Mr. Rupeshwar Sandhu, Adv.

Mr. Rajendra Prasad Saxena, Adv. Mr. N.P. Sahani, Adv.

Mr. Anil Kaushik, Adv.

Mr. Raghvendra Verma, Adv. Mr. Rajinder Singh, Adv.

Mr. Abhishek Mishra, Adv.

Ms. Arunima Dwivedi, Adv.

Mr. R.K. Singh, Adv.

Ms. Deepa Rai, Adv.

Mr. Kedar Nath Tripathy, Adv.

Mr. Atul Kumar, Adv.

Mr. Vikas Pandey, Adv.

Ms. Sweety Singh, Adv.

Mr. Tushar Duneja, Adv.

Mr. Girish Chandra, Adv.

Ms. Minali Deswal, Adv.

Mr. Rajiv Sharma, Adv.

25

Ms. Archana Kumari, Adv.

Mr. Jamnesh Kumar, Adv.

Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. for M/s Saharya & Co.

Mr. Jagjit Singh, Chhabra, Adv. Mr. Anirudh Kumar, Adv.

Mr. Sakshim Maheshwari, Adv.

Ms Iti Sharma, Adv.

Mr. Piyush Sharma, Adv.

Ms. Priya Puri, Adv.

Mr. Govind Goel, Adv.

Mr. Ankit Goel, Adv.

Mr. Bharat Beriwal, Adv.

Mr. Rajiv Ranjan Dwivedi, Adv.

Mr. Ashish Garg, Adv.

Mr. T. L. Garg, Adv.

Mr. Alok Bhachawat, Adv.

Ms. Tanishi Chandra, Adv.

Ms. Amita Singh Kalkal, Adv.

Ms. Ranjeeta Rohtagi, Adv.

Ms. Garima Prashad, Adv.

Ms. S. Janani, Adv.

Mr. Mohit D. Ram, Adv.

Mr. Neeraj Kumar Sharma, Adv.

Ms. Jasmine Damkewala, Adv.

Ms. Meenakshi Chauhan, Adv.

Mr. Ram Naresh Yadav, Adv.

Mr. Bharat Bhushan, Adv.

Mr. Rabin Majumder, Adv.

Mr. Gagan Gupta, Adv.

Mr. K. B. Rohtagi, Adv.

26

Mr. Rajat Bhardwaj, Adv.

Ms. Jyoti Mendiratta, Adv.

Mr. Dhananjay Garg, Adv.

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

SLP(C) No.13381 of 2015, SLP(C) No.33345 of 2015, SLP(C)

No.30121 of 2015, SLP(C) No.1686 of 2016, SLP(C) No.1698 of

2016, SLP(C) No. 5910 of 2016, SLP(C) No.8766 of 2016, SLP(C)

No. 8758 of 2016, SLP(C) No.8768 of 2016, SLP(C) No.8761 of

2016, SLP(C) No.8769 of 2016, SLP(C) No.8765 of 2016, SLP(C)

No.8776 of 2016, SLP(C) No.8774 of 2016, SLP(C) No.8773 of 2016,

SLP(C) No.8775 of 2016, SLP(C) No.8791 of 2016, SLP(C) No.8780

of 2016, SLP(C) No.8797 of 2016, SLP(C) No. 8779 of 2016, SLP(C)

No. 8804 of 2016, SLP(C) No.10169 of 2016, SLP(C) No.19597 of

2015, SLP(C) No. 24320 of 2016, SLP(C) No.19578 of 2015, SLP(C)

No. 19602-19603 of 2015, SLP(C) No.30183 of 2015, SLP(C)

No.28847 of 2015, SLP(C) No.26525 of 2015, SLP(C) No.22988 of

2015, SLP(C) No.22996 of 2015, SLP(C) No.16762 of 2016, SLP(C)

No.11465 of 2016, SLP(C) No.11462 of 2016, SLP(C)....CC No. 3492

of 2016, SLP(C) No.11373 of 2016

Delay condoned and issue notice in SLP(C)....CC No. 3492 of

2016.

List these matters after the Reference before the three-Judge

Bench is answered.

In those matters where service is incomplete, the

petitioner(s) is/are directed to take steps to complete service

on the unserved respondent(s). 27

SLP(C) No. 22522 OF 2015, SLP(C) No. 22135 OF 2015, SLP(C) No.

22136 OF 2015, SLP(C) No. 30724 OF 2015, SLP(C) No.30134 OF

2015, SLP(C) No.1703 OF 2016, SLP(C) No.7570 OF 2016, SLP(C)

No.8755 OF 2016, SLP(C) No.7560 OF 2016, SLP(C) No.5902 OF 2016,

SLP(C) No.5909 OF 2016, SLP(C) No. 8771 OF 2016, SLP(C) No.14702

OF 2015, SLP(C) No. 26528 OF 2015, SLP(C) No.28848 OF 2015,

SLP(C) No.11387 OF 2016, SLP(C) No.17320 OF 2016, SLP(C)

No.11347 OF 2016, SLP(C) No.11402 OF 2016, SLP(C) No.1691 OF

2016, SLP(C) No.17300 OF 2016, SLP(C) No.11961 OF 2016

Leave granted.

The appeals are dismissed in terms of two signed

non-reportable Judgments.

Pending interlocutory applications, if any, are disposed of.

SLP(C) No. 19207 of 2015 and SLP(C) No. 11352 of 2016

Leave granted.

The appeals are dismissed in terms of signed reportable

Judgment.

Pending interlocutory applications, if any, are disposed of.

SLP(C) No.19204 of 2015

The application(s) for impleadment is/are allowed.

The parties are directed to produce their title deeds.

List on 31.01.2017.

SLP(C) No.16995 of 2015

Post on 31.01.2017.

28

The respondents are directed to file counter affidavit,

specifically clarifying as to the title to the property.

In the meantime, steps be taken for completion of service on

the unserved respondent(s).

SLP(C) No.30199 of 2015

Counter Affidavit, if any, be filed within six weeks.

Post on 02.02.2017.

SLP(C) No.30244 of 2015

Counter Affidavit, if any, be filed within six weeks.

Post on 02.02.2017.

SLP(C) No.33344 of 2015, SLP(C) No.30211 of 2015, SLP(C) No.

34619 of 2015, SLP(C) No. 30148 of 2015, SLP(C) No. 8819 of

2016, SLP(C) No.8818 of 2016

The issue to be considered is whether the transfer by General

Power of Attorney would violate the provisions of Section 4 of

The Delhi Lands (Restrictions on Transfer) Act, 1972.

The respondents seeks time to file counter affidavit.

Post on 31.01.2017.

SLP(C) No.31673 of 2015

It is submitted that the transfer is with permission and,

therefore, the respondents seek time to file counter affidavit.

Post on 31.01.2017.

SLP(C) No.545 of 2016, SLP(C) No.35231 of 2015, SLP(C) No.8812

of 2016, SLP(C) No.8799 of 2016, SLP(C) No.13551 of 2015, SLP(C)

No.10012 of 2016, SLP(C) No.11963 of 2016, SLP(C) No.14802 of

2015, SLP(C) No.19452 of 2015, SLP(C) No.22995 of 2015, SLP(C)

No.32647 of 2015, SLP(C) No.9184 of 2016, SLP(C) No.30275 of 29

2015, SLP(C) No.11356 of 2016, SLP(C) No.9643 of 2016

The respondents are directed to produce a copy of the Power

of Attorney.

List on 08.12.2016.

SLP(C) No.35243 of 2015

The respondents are directed to file an affidavit as to

whether they are the subsequent purchasers and the materials

regarding title.

List on 31.01.2017.

SLP(C) No.7564 of 2016, SLP(C) No.30167 of 2015, SLP(C) No.28305

of 2015, SLP(C) No.11339 of 2016, SLP(C) No.7761 of 2016, SLP(C)

No.11404 of 2016, SLP(C) No.8987 of 2016, SLP(C) No.9179 of 2016

The respondents are directed to file counter affidavit

producing a copy of the title.

List on 31.01.2017.

SLP(C) No.848 of 2016, SLP(C) No.1700 of 2016, SLP(C) No.7568 of

2016, SLP(C) No.8770 of 2016, SLP(C) No.8762 of 2016, SLP(C) No.

8813 of 2016, SLP(C) No. 8796 of 2016, SLP(C) No.8811 of 2016,

SLP(C) No.8808 of 2016, SLP(C) No.8798 of 2016, SLP(C) No.8817

of 2016, SLP(C) No.8820 of 2016, SLP(C) No.19600 of 2015, SLP(C)

No.17248 of 2015, SLP(C) No. 18485 of 2015, SLP(C) No.8829 of

2016, SLP(C) No.10495 of 2016, SLP(C) No.10009 of 2016, SLP(C)

No.8836 of 2016, SLP(C) No.26533 of 2015, SLP(C) No.27485 of

2015, SLP(C) No.25524 of 2015, SLP(C) No.22994 of 2015, SLP(C)

No.30170 of 2015, SLP (C) No. 26535 of 2015, SLP(C) No.11448 of

2016, SLP(C) No.7731 of 2016, SLP(C) No.11479 of 2016, SLP(C)

No.11383 of 2016, SLP(C) No.11372 of 2016, SLP(C) No.9061 of 30

2016, SLP(C) No.11349 of 2016, SLP(C) No.7754 of 2016, SLP(C)

No.7735 of 2016, SLP(C) No.11380 of 2016, SLP(C) No.11394 of

2016

The respondents are directed to file counter affidavit

regarding title.

In those matters, where service is incomplete, steps be taken

for completion of service.

List on 02.02.2017.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(One Signed Reportable and Three Signed Non-Reportable Judgments are placed on the file)