Govt. of NCT of Delhi through the Secretary, Land and Building Department & Another vs M/s. K.L. Rathi Steels Limited and Others

Court

Supreme Court of India

Date

17 March 2023

Case No.

Civil Appeal No. 11857 of 2016

Bench

M.R. Shah, B.V. Nagarathna

Citation

[2023] 6 S.C.R. 209 : 2023 INSC 259

Headnote

Constitution of India : Art. 137 – Review of judgment or orders by the Supreme Court – Review of the judgments/orders passed by this Court, on basis of the judgment overruled by a subsequent judgment – Maintainability of – On facts, land acquisition matters – Based on *Pune Municipal Corporation’s case on the interpretation of s. 24(2) of 2013 Act, several decision passed by this Court – However, the Pune Municipal Corporation’s case subsequently overruled by the Constitution Bench in **Indore Development Authority’s case – Constitution Bench specifically observed and held that not only the decision rendered in Pune Municipal Corporation’s case is overruled, but all other decisions in which Pune Municipal Corporation’s case has been followed are also overruled – Filing of review petitions, to review and recall the judgments/orders impugned in the review petitions and to restore the Civil Appeals or Special Leave Petitions, for consideration on merits – Held: In view of difference of opinion, matter be placed before Hon’ble the Chief Justice of India. Code of Civil Procedure, 1908 - Or. 47 r. 1 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24(2) – Supreme Court Rules, 2013 – Or. 47 r. 1.

In the Order of M. R. SHAH, J.

**Indore Development Authority v. Manohar Lal & Others (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed. *Pune Municipal Corporation v. Harakchand Misirimal Solanki (2014) 3 SCC 183 : [2014] 1 SCR 783; Indore Development Authority v. Shailendra (dead) through Lrs. & Others (2018) 3 SCC 412 : [2018] 2 SCR 1; Mathura Prasad Bajoo Jaiswal & Others v. Dossibai N.B. Jeejeebhoy (1970) 1 SCC 613 : [1970] 3 SCR 830; Assistant Commissioner, Income Tax, Rajkot v. Saurashtra Kutch Stock Exchange Limited (2008) 14 SCC 171 : [2008] 13 SCR 421; Board of Control for Cricket in India v. Netaji Cricket Club (2005) 4 SCC

741 : [2005] 1 SCR 173; Sree Balaji Nagar Residential Assn. v. State of Tamil Nadu (2015) 3 SCC 353 : [2014]

7 SCR 799; BSNL v. Union of India (2006) 3 SCC 1 : [2006] 2 SCR 823; Neelima Srivastava v. State of U.P. 2021 SCC OnLine SC 610; Kamlesh Verma v. Mayawati (2013) 8 SCC 320 : [2013] 11 SCR 25; Beghar Foundation v. K. S. Puttaswamy (2021) 3 SCC 1; Indore Development Authority v. Shailendra (2018) 1 SCC 733 – referred to.

The following decisions of the Court were passed: 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 G

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