M. R. SHAH, NAGARATHNA
Govt. of NCT of Delhi Through the Secretary, Land and Building Department – Appellant
Versus
K. L. Rathi Steels Limited – Respondent
Key Points: - Delay condoned and petitions were heard together; review/recall allowed in light of Indore Development Authority over Pune Municipal Corporation (Para references and order summary) (!) (!) (!) (!) (!) . - Pune Municipal Corporation (2014) 3 SCC 183 overruled by Indore Development Authority v. Manoharlal (2020) 8 SCC 129; para 365 overruled Pune and related precedents; discussion on how this affects prior decisions (!) (!) (!) . - Explanation to Order XLVII Rule 1 CPC bars review merely on subsequent overruling by a larger bench; maintainability hinges on "any other sufficient reason" interpreted in light of para 365-366 and Beghar Foundation; scope narrowed to analogous grounds (Para discussions and p_27, p_34, p_35, p_39-46, p_47-48). - Court recalled/restored cases to merits under Indore Development Authority framework and directed fresh consideration on merits (Para 9, p_9; p_11–p_13). - Limited relief: extension of one year for fresh acquisition proceedings and retention of possession until then; otherwise possession to landowners if no fresh proceedings are initiated (P-105 to P-109; P-52 to P-54). - Observations on maintainability: some judges held review petitions impermissible under the Explanation to Order XLVII Rule 1 CPC; others endorsed limited recall in light of substantial legal change (P-29, p_45, p_48).
| Table of Content |
|---|
| 1. overview of proceedings (Para 1 , 2) |
| 2. purpose of the review applications (Para 3) |
| 3. basis of arguments for review (Para 4) |
| 4. counterarguments against review (Para 5) |
| 5. court observations on maintainability (Para 6 , 7) |
| 6. reaffirmation of review criteria (Para 8) |
| 7. final order and implications (Para 9 , 10 , 12 , 56) |
ORDER :
M.R. SHAH, J.
1. As common question of law and facts arise in this group of applications/petitions, all these applications/petitions are decided and disposed of together by this common order.
2. Having heard learned counsel for the respective parties and in the facts and circumstances of the case, the delay caused in filing the respective review/recall applications is hereby condoned.
3. All these applications under Article 137 of the Constitution of India r/w Section 47 of the CIVIL PROCEDURE CODE (CPC) have been preferred by the Government of NCT of Delhi and Delhi Development Authority to review and recall the orders passed in the respective Civil Appeals in dismissing/disposing off the same and to restore the same to their original files to consider the same on merits.
4. Shri Sanjay Poddar, learned Senior Advocate appearing on behalf of the Go
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