SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) DIARY No. 28684 OF 2021

WITH PRAYER FOR INTERIM RELIEF

WITH

I.A.NO.161957/2021-CONDONATION OF DELAY IN FILING

WITH

I.A.NO. 161959/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

WITH

I.A.NO.161960/2021-EXEMPTION FROM FILING O.T.

AND

SLP(C) DIARY NO. 29471/2021

WITH

I.A.NO.54335/2022-CONDONATION OF DELAY IN FILING

AND

I.A NO. 54336/2022-EXEMPTION FROM FILING O.T.

Process Id: 774/2023

OFFICE REPORT

SLP(C) DIARY NO. 28684/2021

This Hon'ble Court, on 16th May, 2023, was pleased to pass the following order:

" Mr. Vikas Singh, Commissioner (LM), Delhi by Anita Malhotra  Development Authority appears through video conferencing. 

 The learned counsel appearing for the respondent Nos. 1 to 7 has invited our attention to the averments made in the counter affidavit and in particular the proceedings of the Committee appointed by the Delhi Development Authority (DDA) in terms of what is stated in paragraph 5 of the counter. We have perused the Minutes of the meeting of the Committee annexed as Annexure R-4.

 It appears that the acquisition of the several lands acquired for the benefit of the DDA was set aside by the High Court by relying upon Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Thereafter, a Committee of senior officers was constituted by the DDA to decide in which cases, re-acquisition should be made and in which cases re-acquisition was not required. We find that even guidelines and additional guidelines were framed by the Commissioner which are mentioned in the Minutes (Annexure R-4). Even the unanimous decisions of the Committee are part of the Annexure R-4. We find that the Committee consisted of very senior officers of the DDA including the Chief Engineer, the Superintending Engineer etc. 

 We had dealt with several such cases and in none of the cases which we have come across, DDA has placed on record the factual aspect of the constitution of the Committee.

 Moreover, the Commissioner has not chosen to file any affidavit explaining the allegation of suppression of the material facts. Now, it is revealed that the DDA was fully aware of the result of the petition filed by it earlier, as DDA has filed a Review Petition which is pending in this Court. 

 Both the State Government and the DDA will have to come clean before the Court and place it before the Court the recommendations made by the Committee. They must also examine the cases where contrary to the recommendations of the Committee, Special Leave Petitions were filed in this Court.

 We are constrained to observe that on the basis of what we have seen in several such cases, there is a complete lack of coordination between the Delhi Government and the DDA when it comes to filing Special Leave Petitions based on the decision of the Constitution Bench judgment in the case of Indore Development Authority vs. Manohar Lal & Ors.1. An assurance is given 1 (2020) 8 SCC 129 3 across the Bar by the learned Additional Solicitor General representing the DDA and the State Government that both the authorities will re-examine all the aspects in the light of what is revealed regarding the constitution of Committee. It is stated that they will work out Standard Operating Procedure for taking appropriate decisions regarding filing of petitions in this Court based on the decision of the Constitution Bench. 

 We expect both the Government and the DDA to come clean before the Court and place all the material on record including the recommendations of the Committee and the decisions taken by the DDA on the basis of the recommendations of the Committee. 

 We grant time to both the authorities to file detailed affidavits along with the documents till 24th July, 2023. 

 List at 2.00 p.m. on 1st August, 2023.

The Commissioner of DDA shall remain present through video conferencing. "

It is submitted that pursuant to aforesaid order Counsel appearing for petitioner and respondent no.8 (DDA) has on 26.7.2023 e-filed separate affidavits on their behalf (requisite court fee not filed by counsel for the respondent no.8) respectively. However copy of the same are being circulated herewith.

It is further submitted that counsels for respondent nos. 1 to 7 and 8 have already filed counter affidavits on their behalf and copy of the same have been placed with SLP  Paper Books. In pursuance with Hon'ble Court's order dated 10.2.2023, counsel for the petitioner has not filed rejoinder affidavit so far. No one has entered appearance on behalf of respondent nos. 9 & 10 though served.

Service is complete.

SLP(C) DIARY NO. 29471/2021

This Hon'ble Court, on 17th July, 2023, was pleased to pass the following order:

"List the matter along with  SLP(Civil) Diary No. 28684 of 2021 on 1st August, 2023."

        It is submitted that pursuant to order quoted above instant matter has been tagged with SLP(C)D. 28684/2021.

         Service is complete.

 The Petitions above-mentioned along with applications is listed before the Hon'ble Court with this Office Report.

Dated : July 28, 2023

Copy to :-

1. Ms. Sujeeta Srivastava C-19, Sector-14, Noida-201301(up) Up

2. Mr. Sumit R. Sharma 507 Lawyers Chamber Block Iii Delhi High Court New Delhi-110003 New Delhi

9. Ms. Manika Tripathy 7c Block B Green View Apartments Sector 99 Noida-201304 Noida