IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2025 (@ Petition for Special Leave to Appeal (C) No.19335/2017)

RAJ KAPOOR JAISWAL & ANR. APPELLANT(S)

VERSUS STATE OF WEST BENGAL & ORS. RESPONDENT(S)

J U D G M E N T

1. Leave granted.

2. The impugned order dated 07.02.2017 passed by the High Court at Calcutta, whereby the F.M.A. No. 19 of 2017 filed by the appellants herein was dismissed, is under challenge before this Court.

3. This Court vide Order dated 12.07.2019 had directed to list the matter after the judgment is rendered in SLP (C) No.9036-

9038/2016. (Indore Development Authority vs Manoharlal & Ors.)

4. Having heard the learned counsel for the appellants and the learned counsel for the respondent 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 Signature Not Verified D VAig Rita Sl Hfy A s i Mgon Ee NdrD b Iy R ATTtAhe parties that in view of the later decision in the case of Date: 2025.01.23

17:23:43 IST Reason:

“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.

5. In that view of the matter, 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).

6. It is clarified that all legal contentions are kept open to be raised by both the parties, as may be permissible under the law.

7. The appeal stands allowed in above-terms.

8. Pending applications, if any, also stand disposed of.

......................J.

(BELA M. TRIVEDI)

......................J.

(PRASANNA B. VARALE)

NEW DELHI;

21^st JANUARY, 2025.

ITEM NO.25 COURT NO.11 SECTION XVI 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). 19335/2017 [Arising out of impugned final judgment and order dated 07-02-2017 in FMA No. 19/2017 passed by the High Court at Calcutta]

RAJ KAPOOR JAISWAL & ANR. PETITIONER(S)

VERSUS STATE OF WEST BENGAL & ORS. RESPONDENT(S)

(IA No. 266804/2024 - EARLY HEARING APPLICATION;IA No. 292241/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 21-01-2025 This matter was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s) Mr. Ramesh P. Bhatt, Sr. Adv.

Mr. Rabin Majumder, AOR For Respondent(s) Mr. Avishkar Singhvi, Adv.

Ms. Astha Sharma, AOR Mr. Manish Srivastava, Adv.

Mr. Birendra Kumar Mishra, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed juddgment.

Pending application(s), if any, shall stand disposed of.

(VARSHA MENDIRATTA) (MAMTA RAWAT)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed judgment is placed on the file)