VidhiSangh

Supreme Court of India · 17/03/2023

GOVT. OF NCT OF DELHI THROUGH THE SECRETARY, LAND AND BUILDING DEPARTMENT & ANOTHER versus M/S. K.L. RATHI STEELS LIMITED AND OTHERS

[2023] 6 S.C.R. 209 · 2023 INSC 259

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Summary

Delhi authorities sought review and recall of Supreme Court orders that had confirmed declarations of lapse of land acquisitions under Section 24(2) of the 2013 Act by following Pune Municipal Corporation, which the Constitution Bench in Indore Development Authority later overruled along with all decisions following it. The Bench divided. Shah J. allowed the reviews, recalled the orders and restored the appeals for fresh decision in the larger public interest. Nagarathna J. held the reviews not maintainable, since the Explanation to Order XLVII Rule 1 CPC bars review on the ground that a question of law was later reversed by a superior court and overruling affects precedential value, not finality inter partes, and granted only a one-year extension to initiate fresh acquisition. The matter was placed before the Chief Justice of India.

Issues

  1. Whether orders of the Supreme Court dismissing appeals on the basis of Pune Municipal Corporation can be reviewed and recalled after the Constitution Bench in Indore Development Authority overruled that decision and all decisions following it, having regard to Article 137 of the Constitution and the Explanation to Order XLVII Rule 1 CPC.

Provisions considered

Held

Result

Split verdict. Shah J. allowed the review and recall applications, recalled the orders in the civil appeals and restored them for fresh decision in light of Indore Development Authority, disposing of the contempt petition. Nagarathna J. held the review petitions not maintainable, declined to review the orders, and extended by one year the time to initiate fresh acquisition under the 2013 Act with possession to remain with the acquiring body meanwhile. Matter directed to be placed before the Chief Justice of India; no costs.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 209.