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2023 Supreme(Del) 3936

MANMEET PRITAM SINGH ARORA
Delhi Urban Shelter Improvement Board (erst While Slum And Jj Department, Mcd) – Appellant
Versus
Sushil Kumar – Respondent


Advocates appeared:
Mr. Naveen Kumar Raheja, Mr. Neeraj Kumar and Ms. Meenakshi Jha, Advocate with Mr. Vijay Maggo, Law Officer and Mr. Pranav Sinha, LA, for the Petitioner.
Mr. Sanjay Kumar Pathak, Standing Counsel for L&B/LAC with Mr. Sunil Kumar Jha and Mr. R. Violet Tigga and Ms. Nidhi Thakur, Advocates, for the Respondent-2.
Mr. Sanjay Katyal, Standing Counsel for DDA with Mr. Nihal Singh, Advocate, for the Respondent-3.
Mr. V.S. Rana, Advocate (Through VC), for the Respondent-1.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPLs. 41761/2023, 41762/2023 (For Exemption)

Allowed, subject to all just exceptions.

Accordingly, the present applications stand disposed of.

CM(M) 1304/2023 & CM APPL. 41763/2023

1. This petition filed under Article 227 of Constitution of India impugns the orders dated 27.07.2023 and 05.08.2023 passed by the ADJ-1, North West District, Rohini Courts, Delhi (`Executing Court') in Execution Civil No. 340/2020. The said execution proceedings emanate from the decree dated 19.08.2009 passed by Reference Court in LAC No. 616A/2008.

1.1. The Petitioner herein was arrayed as Respondent No.3 in the reference made by Land Acquisition Collector (LAC) under Section 18 of the Land Acquisition Act, 1894; and is the beneficiary and the party in possession of the acquired land. Respondent No. 2 herein acquired the land and was impleaded as Respondent No. 1 in the said reference.

1.2. The order passed by the Reference Court on 19.08.2009 has admittedly become final between the parties.

2. It is admitted that a sum of Rs.46,00,000/- approximately has been paid by Petitioner herein to Respondent No. 2 on 09.03.2022. The said amount has been deposited

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