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2024 Supreme(Online)(SC) 272

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3145/2024

(@SPECIAL LEAVE TO APPEAL NO.5063/2024 (@Diary No.18353/2019)

STATE OF HARYANA & ORS. Appellant(s)

VERSUS

JAI KISHAN & ORS. Respondent(s)

ORDER

1. Delay condoned.

2. Application seeking exemption from filing certified copy of the impugned order is allowed.

3. Leave granted.

4. The impugned order dated 18-1-2018 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the Civil Writ Petition No.20739/2015 filed by the respondents – herein was allowed, are under challenge before this Court.

5. Having heard the learned counsel for the appellants, the learned counsel for respondents at length and carefully perusing the material placed on record, it appears that the High Court had declared the acquisition proceedings in question as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

However, it is not disputed by the learned counsels for the parties that in view of the later decision in the case of “ Indore Development Authority vs. Manoharlal And Ors. Etc.” reported in (2020) 8 SCC (129), the matter is required to be remitted to the High Court for fresh consideration.

Digitally signed by VISHAL ANAND Date: 2024.02.29 17:18:12 IST Reason:

    Signature Not Verified

6. In view of the above, the common impugned order passed by the High Court are set aside and the matters are remitted to the High Court for fresh consideration in the light of the Judgment in the case of Indore Development Authority (supra).

7. It is clarified that all contentions are kept open to be raised by both the parties as may be legally permissible.

8. The appeals stand allowed in above terms.

…………………………………….J

(BELA M. TRIVEDI) …………………………………….J

(PANKAJ MITHAL) NEW DELHI;

23RD FEBRUARY 2024.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3146/2024 (@SPECIAL LEAVE TO APPEAL NO.5064/2024 (@Diary No.18920/2019) STATE OF HARYANA & ORS. Appellant(s) VERSUS RAINBOW EDUCATION SOCIETY (REGD.) Respondent(s) O R D E R

1. Delay condoned.

2. Application seeking exemption from filing certified copy of the impugned order is allowed.

3. Leave granted.

4. The impugned order dated 18-1-2018 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the Civil Writ Petition No.23807/2015 filed by the respondent – herein was allowed, is under challenge before this Court.

5. Having heard the learned counsel for the appellants, the learned counsel for respondent at length and carefully perusing the material placed on record, it appears that the High Court had declared the acquisition proceedings in question as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

However, it is not disputed by the learned counsels for the parties that in view of the later decision in the case of “ Indore Development Authority vs. Manoharlal And Ors. Etc.” reported in (2020) 8 SCC (129), the matter is required to be remitted to the High Court for fresh consideration.

6. In view of the above, the impugned order passed by the High Court is set aside and the matter is remitted to the High Court for fresh consideration in the light of the Judgment in the case of Indore Development Authority (supra).

7. It is clarified that all contentions are kept open to be raised by both the parties as may be legally permissible.

8. The appeal stands allowed in above terms.

…………………………………….J

(BELA M. TRIVEDI) …………………………………….J

(PANKAJ MITHAL) NEW DELHI;

23RD FEBRUARY 2024.

ITEM NO.63 COURT NO.15 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 SPECIAL LEAVE PETITION (CIVIL) Diary No.18353/2019 (Arising out of impugned final judgment and order dated 18-01-2018 in CWP No. 20739/2015 passed by the High Court of Punjab & Haryana at Chandigarh) STATE OF HARYANA & ORS. Petitioner(s) VERSUS JAI KISH


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