(Navin Sinha and Krishna Murari, JJ.)
Civil Appeal No(s). 7158 of 2009, decided on February 25, 2021
Modern School, Sector 17, Faridabad __________________ Appellant;
v.
Haryana Urban Development Authority and Others _____ Respondent(s).
With
C.A. No. 7159/2009
C.A. No. 7161/2009
C.A. No. 7160/2009
C.A. No. 7162/2009
Civil Appeal No(s). 7158 of 2009; C.A. No. 7159/2009; C.A. No. 7161/2009; C.A. No. 7160/2009; and C.A. No. 7162/2009
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties at length.
2. In nature of the order proposed to be passed, we are purposefully refraining from observing anything on merits so as to not prejudice either party.
3. Nothing has been pointed out by the respondents, to our satisfaction, that the appellants are in any way differently situated from the petitioners in CWP No. 11416 of 2007 allowed on 24.02.2009. The same Division Bench disposed of the present matters, on the same day, wherein similar questions appear to have been involved including facts, taking divergent views.
4. Therefore, we are satisfied, that on this short ground alone, the impugned order is not sustainable and is set aside. The matter is remanded to the High Court for fresh consideration and disposal in accordance with law. Till the matters are disposed, the interim orders passed by this Court on 02.04.2009 shall continue.
5. The appeals are disposed of in above terms.
Civil Appeal No(s). 7158/2009
Modern School, Sector 17, Faridabad ___________________ Appellant
v.
Haryana Urban Development Authority & Ors _________ Respondent(s)
WITH
C.A. No. 7159/2009 (IV)
C.A. No. 7161/2009 (IV)
C.A. No. 7160/2009 (IV)
C.A. No. 7162/2009 (IV)
Date : 25-02-2021 These appeals were called on for hearing today.
(Before Navin Sinha and Krishna Murari, JJ.)
For Appellant(s) Mr. Ajay Jain, Adv.
Mr. Jinendra Jain, AOR
Ms. Mitika, Adv.
Ms. Tannu, Adv.
Mr. Puneet Mittal, Sr. Adv.
Mr. Ashok K. Mahajan, AOR
Mr. Arvind Kumar Gupta, Adv.
Mr. Prashant Bhardwaj, Adv.
Mr. Rishi Bharadwaj, Adv.
Mr. Abhiesumat Gupta, Adv.
Mr. Anando Mukherjee, AOR
Ms. Shobha Gupta, AOR
Ms. Bina Madhavan, Adv.
Ms. Soujanya Ketharaj, Adv.
M/s. Lawyer S. Knit & Co, AOR
For Respondent(s) Mr. Alok Sangwan, Sr. AAG.
Mr. Sumit Kumar Sharma, Adv.
Dr. Monika Gusain, AOR
Mr. Ashok Kumar Singh Adv,
Mr. Shantwanu Singh, Adv.
Mr. Abhishek Paruthi, Adv.
Ms. Pragaya Singh, Adv.
UPON hearing the counsel the Court made the following
ORDER
12. The appeals are disposed of in terms of the signed order.
13. Pending application(s), if any, shall also stand disposed of.
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