(J. Chelameswar and Abhay Manohar Sapre, JJ.)
Haryana Urban Dev. Authority & Ors. _________________ Appellant(s)
v.
P.K. Dhawan & Ors. _____________________________ Respondent(s)
I.A. No. 22 in Civil Appeal No. 461 of 2011 and IA No. 23/2015 in Civil Appeal No. 462 of 2011, decided on July 25, 2016
The Order of the court was delivered by
Order
Abhay Manohar Sapre, J.:— So far as I.A. No. 22 of 2015 is concerned, it is filed by Ms. Anita Sharma d/o of Mr. S.S. Sharma, whereas I.A. No. 23 of 2015 is concerned, it is filed by Mr. Gurcharan Singh s/o Mr. Amar Singh.
2. The applicant of I.A. No. 23 of 2015 has filed the application seeking modification of order dated 07.09.2015 passed in C.A. No. 461 of 2011.
3. The prayer made in the application reads as under:
(i) Modify the order and correct the factual errors that crept in Para 13 of the judgment dated 07.09.2015 rendered by this Hon’ble Court in C.A. No. 461 of 2011 and pass appropriate order in the light of statutory provision contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or
(ii) Grant liberty to the applicant to initiate proceedings founded on Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, in the appropriate Forum/Court, or
(iii) Direct the trial/reference court to submit the factual report to this Hon’ble Court as to the status of compensation and possession of the land in question.
4. So far as applicant of I.A. No. 22 of 2015 is concerned, he too has made the same prayer in his application which is made in I.A. No. 23 of 2015.
5. These two applications are sequel to the order passed by this Court on 07.09.2015 in bunch of appeals being C.A. Nos. 459-462 of 2011 and other connected ones. These appeals arose out of land acquisition proceedings in relation to the land detailed in Para 2 of the order dated 07.09.2015.
6. We have heard the learned counsel for the parties and on hearing, we consider just and proper to grant liberty to the applicants as prayed in their applications quoted above in clause (ii). As prayed, the applicants are accordingly granted liberty to approach the appropriate forum.
7. We make it clear that we have not expressed any opinion on the merits of the claim set up by the applicant in both the I.A.s under consideration except to grant liberty to approach to the appropriate forum.
8. I.A. No. 22 of 2015 and I.A. No. 23 of 2015 are accordingly stand disposed of.
IA No. 21 of 2015 in Civil Appeal No. 462 of 2011
Haryana Urban Dev. Authority & Ors _______________ Appellant(s)
v.
P.K. Dhawan & Ors ____________________________ Respondent(s)
Order
9. Learned counsel appearing for the applicant seeks permission to withdraw the application. Permission is granted. IA no. 21 of 2015 in Civil Appeal No. 462 of 2011 is dismissed as withdrawn.
I.A. NO. 21/2015, & 23/2015 IN C.A. NO. 462/2011 AND I.A. NO. 22 in Civil Appeal No(s). 461/2011
Haryana Urban Dev. Authority & Ors. _________________ Appellant(s)
v.
P.K. Dhawan & Ors. _____________________________ Respondent(s)
Date: 25/07/2016 These applications were called on for hearing today.
(Before J. Chelameswar and Abhay Manohar Sapre, JJ.)
For Appellant(s) IA 21/2015 in CA 462/2011 Mr. C. D. Singh, AOR
Mr. Manoj Swarup, Adv.
Mr. Ankit Swarup, Adv.
Ms. Tanya Swarup, Adv.
Mr. Mukul Kumar, AOR
IA 22/2015 in CA 461/2011 Mr. Sachin Jain, Adv.
Mr. Rajiv Ranjan Dwivedi, AOR
IA 23/2015 in CA 462/2011 Mr. Sachin Jain, Adv.
Mr. Rajiv Ranjan Dwivedi, Adv.
For Respondent(s)
Mr. Ajay Bansal, AAG
Mr. Sanjay Kumar Visen, AOR
Mr. Gaurav Yadava, Adv.
Dr. Kailash Chand, AOR
Mr. Sanjai Kumar Pathak, AOR
Mr. Surya Kant, AOR
UPON hearing the counsel the Court made the following
Order
IA No. 22 in Civil Appeal No. 461 of 2011
IA No. 23/2015 in Civil Appeal No. 462 of 2011
10. The matters are disposed of in terms of the signed order.
IA No. 21/2015 in Civil Appeal No. 462/2011
11. Learned counsel appearing for the applicant seeks permission to withdraw the application. Permission is granted. IA no. 21 of 2015 in Civil Appeal No. 462 of 2011 is dismissed as withdrawn in terms of the signed order.
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