Govt. of NCT of Delhi Through Its Secretary, Land and Building Department & Another v. M/s K.L. Rathi Steels Limited and Others

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to declare Pune Municipal Corporation (supra) per incuriam stands removed. Since the reasoning for Shailendra [3-Judge] (supra) to declare Pune Municipal Corporation (supra) per incuriam does not survive, it would be unreasonable and inappropriate to hold that the consequential observation would nevertheless survive. Significantly, in Manoharlal [5-Judge, lapse] (supra), one does not find any observation of like nature as in paragraph 217 of Shailendra [3-Judge] (supra).

78Copy pinpoint78. That apart, being members of a larger Bench of co-equal strength as in Shailendra [3-Judge] (supra), we are not precluded by any law from interpreting the last sentence of paragraph 217 of the said decision and to say what the Court exactly intended even if it is assumed notwithstanding what has been said in paragraph 365 of Manoharlal [5-Judge, lapse] (supra) that the observation in paragraph 217 survives. In our humble understanding, what the majority in Shailendra [3-Judge] (supra) intended to say is that if review petitions were pending on the date of the decision, i.e., 8th February, 2018, seeking review of decisions which had been rendered relying on the decision in Pune Municipal Corporation (supra), such review petitions could be entertained and considered on the basis of the discussion in Shailendra [3-Judge] (supra) declaring Pune Municipal Corporation (supra) per incuriam and the decisions reviewed; nothing more, nothing less. We do not think that the majority in Shailendra [3-Judge] (supra) could have and did, in fact, give a carte blanche to the land acquiring authorities to apply for review of decisions already made by courts relying on the decision in Pune Municipal Corporation (supra), even though the remedy of appeal or review had not been pursued earlier and without the successful landowners being on record before the court.

79Copy pinpoint79. The role of the Court, it is needless to observe, is to adjudicate; it cannot, in the absence of exercising its advisory jurisdiction under Article 143 of the Constitution, take upon itself the role of the advisor to any party to the proceedings, to wit, the land acquiring authorities. The maxim heavily relied on by the review petitioners, i.e., actus curiae neminem gravabit, in such a situation would kick in to prevent any harmful act being perpetrated.

80Copy pinpoint80. There is another perspective which cannot be lost sight of. If the understanding of learned senior counsel for the review petitioners

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of the relevant sentence in paragraph 217 of Shailendra [3-Judge] (supra) is accepted, it would result in utter chaos and confusion in the justice delivery system apart from disturbing the principle of finality of judicial decisions. Should we read “open to be reviewed” as connoting a ‘liberty’ granted to apply for review, any number of review petitions could be filed based on such liberty for review of decisions between parties which have attained finality not only in this Court but also in the high courts. From the practical point of view, the results could be pernicious. A landowner, satisfied with a final decision of a court, could find himself requiring to contest a review petition filed on the basis of the ‘liberty’ granted by none other than the Supreme Court of India in proceedings where such landowner was not even noticed. We would be inclined to the thought that no court, much less the Supreme Court (because of its status as the apex court), should pass any judicial order affecting the right of a party who has not been put on notice. If such an order is passed, there cannot be a more egregious violation of principles of natural justice.

81Copy pinpoint81. Notably, if a judgment and/or order has attained finality because a judicial remedy is either not available in law or even if available, such remedy has been lost, it is not open for a higher court of law by a judicial fiat either to create a remedy for the party on the losing side to pursue or to grant liberty to him to pursue an otherwise available remedy - which by passage of time might have been lost - behind the back of a party who would obviously be seriously affected if he were compelled to contest the proceedings once again. Such an act of court would be without the authority of law, and this is precisely what Vikramjit Singh (supra) has held.

82Copy pinpoint82. Moreover, as on the dates the RPs were filed, the decision in Manoharlal [5-Judge, lapse] (supra) had not seen the light of the day. A review petition, under the law, cannot be filed in anticipation of a favourable judgment in the future.

83Copy pinpoint83. For the reasons discussed above, we cannot be persuaded to accept that the phrase “open to be reviewed in appropriate cases” occurring in paragraph 217 of the decision in Shailendra [3-Judge] (supra) could have been perceived by the review petitioners as opening up an avenue for them to apply for review. Assuming arguendo that the contention touching ‘liberty’ granted by Shailendra [3-Judge] (supra)

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is correct, the plinth thereof crumbles by reason of paragraph 365 of Manoharlal [5-Judge, lapse] (supra) and, therefore, is rendered non-existent.

84Copy pinpoint84. All these aspects, we say so with respect, escaped the attention of the Hon’ble Judge presiding over the said Division Bench. His Lordship’s opinion on the observations made in Manoharlal [5-Judge, lapse] and Shailendra [3-Judge] (supra) are erroneous.

85Copy pinpoint85. Questions (b) and (c) are answered accordingly, against the review petitioners.

86Copy pinpoint86. Let us now move on to question (d) to answer it.

87Copy pinpoint87. The decision in Manoharlal [5-Judge, lapse] (supra), according to the respondents, did not afford a ground for maintainability of the RPs while the contrary is argued by the review petitioners. According to Ms. Bhati, an aggrieved party can seek a review “for any other sufficient reason” and overruling of Pune Municipal Corporation (supra) followed by recall thereof brings the claims of the review petitioners within the coverage of this particular ground. That apart, it has been urged that when miscarriage of justice occasioned due to an earlier flawed decision is brought to the notice of this Court and when public interest would be a casualty resulting from the operation of such earlier decision, it ought to be the Court’s duty to pass appropriate orders to set things right.

88Copy pinpoint88. It has been noted that prior to the Explanation being inserted in Rule 1 Order XLVII, with the sole exception of the Kerala High Court, there were decisions of the Privy Council dating back to the commencement of the twentieth century and at least of five High Courts, starting from 1927, to the effect that a subsequent judgment of a higher court reversing the judgment relied on in the order under review would not afford a ground for review. There are also at least half a dozen precedents of this Court reiterating such position of law, albeit with the aid of the Explanation.

89Copy pinpoint89. The relevant principles deducible from the precedents on the Explanation to Rule 1 that we have considered, for the purpose of deciding the present reference, are as follows: a) in case of discovery of a new or important matter or evidence, such matter or evidence has to be one which existed at the

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time when the decree or order under review was passed or made; and b) Order XLVII would not authorize the review of a decree or order which was right when it was made on the ground of some subsequent event. What follows is that Order XLVII of the CPC does not authorize a review of a decree, which was right, on the happening of some subsequent event (emphasis supplied).

90Copy pinpoint90. With the introduction of the Explanation, there seems to be little room for any serious debate on the point under consideration. Parliament, in its wisdom, has accepted what the Law Commission recommended. Resultantly, what the statute prohibits, cannot be permitted by the Court. If permitted, the Court would be acting contrary to law. What the Parliament has done, the Court cannot undo unless the law enacted by the Parliament is declared ultra vires. The vires of the Explanation not being under challenge during more than four decades of its existence, it is not for the Court to ignore the Explanation.

91Copy pinpoint91. It is worthwhile to also note at this stage the decision dated 3rd November, 2020 in Shri Ram Sahu and others v. Vinod Kumar Rawat.43 Upon consideration of the decisions in Moran Mar Basselios Catholics (supra), Haridas Das (supra), Kamal Sengupta (supra), etc., this Court speaking through the Hon’ble presiding Judge of the said Division Bench was of the opinion that the court of review has a limited jurisdiction, it cannot overstep such jurisdiction and has to strictly adhere to the grounds mentioned in Rule 1 of Order XLVII. It is a pity that the respondent landowners did not cite the aforesaid decision before the Hon’ble presiding Judge where the law has been correctly laid down by His Lordship.

92Copy pinpoint92. Concededly, the Constitutional courts have inherent powers and this Court is also vested by Article 142 of the Constitution with powers to pass such decree or make such order as is necessary to do complete justice in any cause or matter pending before it.

93Copy pinpoint93. Insofar as inherent powers are concerned, it has been held by this Court in Indian Bank v. Satyam Fibres 44 that:

43 [2020] 11 SCR 865 : (2021) 13 SCC 1 44 [1996] Supp. 4 SCR 464 : (1996) 5 SCC 550

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“22. The judiciary in India also possesses inherent power, specially under Section 151 CPC, to recall its judgment or order if it is obtained by fraud on court. In the case of fraud on a party to the suit or proceedings, the court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers which are resident in all courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behaviour. This power is necessary for the orderly administration of the court’s business.”

94Copy pinpoint94. A superior court, in exercise of its inherent power, is authorized to do such justice that the cause before it demands. Upon satisfaction being reached by a court that a mistake has been committed by it, which is gross and palpable, it is not the law that the mistake has to be corrected by exercising the power of review only. Such power can be exercised, only if the person aggrieved by the order or decree applies therefor. On its terms, section 114 of the CPC read with Order XLVII thereof does not conceive of a suo motu power of review being exercised by the court. The words “court on its own motion” are absent in the statutory provision. However, once the court is satisfied that a mistake committed by it needs to be rectified, it is always open to exercise the inherent powers to achieve the desired result. As has been held by the Constitution Bench in A.R. Antulay v. R.S. Nayak,45 an order of court – be it judicial or administrative – which is made per incuriam or in violation of certain Constitutional limitations or in derogation of principles of natural justice can always be remedied by the court ex debito justitiae. It can do so in exercise of its inherent jurisdiction in any proceeding pending before it without insisting on the formalities of a review application. After all, “to err is human” is the oft-quoted saying and courts including the apex court are no exception. To own up the mistake when judicial satisfaction is reached does not

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militate against its status or authority; perhaps, it would enhance both. On the other hand, when it involves invocation of the power of review and such power is traceable in a statute, which also has provisions regulating the exercise of the review power, it has to be held that the power of review is not an inherent power. That power of review is not an inherent power has been held in Patel Narshi Thakershi v. Pradyumansinghji Arjunsinghji.46 If a power of review is statutorily conferred, it would be inappropriate, nay incompetent, for the court exercising review power to travel beyond the contours of the provision conferring the very power. A statutorily conferred power to review is not to be confused with the inherent power of the court to recall any order. The said power inheres in every court to prevent miscarriage of justice or when a fraud has been committed on court or to correct grave and palpable errors.

95Copy pinpoint95. In any event, in the present case, we have not found exercise of inherent power under section 151, CPC or under Article 142 by the Hon’ble presiding Judge of the said Division Bench.

96Copy pinpoint96. It was urged that a court may recall or review any order exercising its inherent power saved by section 151, CPC to meet the ends of justice or to prevent abuse of the process of the Court. This argument, however, need not detain us for long in the light of the law, which stands well-settled by this Court. It is no longer res integra that inherent powers of the court under section 151, CPC cannot be invoked if there exists a remedy made available by the CPC itself.

97Copy pinpoint97. A three-Judge Bench of this Court in Padam Sen v. State of Uttar Pradesh 47 laid down the law in the following words: “8. …The inherent powers of the Court are in addition to the powers specifically conferred on the Court by the Code. They are complementary to those powers and therefore it must be held that the Court is free to exercise them for the purposes mentioned in Section 151 of the Code when the exercise of those powers is not in any way in conflict with what has been expressly provided in the Code or against the intentions of the Legislature. It is also well

46 (1971) 3 SCC 844 47 [1961] 1 SCR 884 : (1961) 1 SCR 884

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recognized that the inherent power is not to be exercised in a manner which will be contrary to or different from the procedure expressly provided in the Code.” (emphasis supplied)

98Copy pinpoint98. Another three-Judge Bench of this Court in My Palace Mutually Aided Co-operative Society v. B. Mahesh & others 48 held thus: “27. In exercising powers under Section 151 of the CPC, it cannot be said that the civil courts can exercise substantive jurisdiction to unsettle already decided issues. A Court having jurisdiction over the relevant subject matter has the power to decide and may come either to a right or a wrong conclusion. Even if a wrong conclusion is arrived at or an incorrect decree is passed by the jurisdictional court, the same is binding on the parties until it is set aside by an appellate court or through other remedies provided in law.

28. Section 151 of the CPC can only be applicable if there is no alternate remedy available in accordance with the existing provisions of law. Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code. Section 151 cannot be invoked as an alternative to filing fresh suits, appeals, revisions, or reviews. A party cannot find solace in Section 151 to allege and rectify historic wrongs and bypass procedural safeguards inbuilt in the CPC.” (emphasis supplied)

99Copy pinpoint99. An alternative remedy, carved out by Rule 1 of Order XLVII, already exists which the review petitioners have pursued. Recourse to section 151, CPC, therefore, would not be available, the object of which is to supplement and not replace the remedies provided under the CPC.

100Copy pinpoint100. Moving on further, we find that the attempt of the review petitioners has been to draw inspiration from the ground “any other sufficient reason” appearing in Rule 1. There have been decisions of this Court which have construed the words “any other sufficient reason” expansively, like Netaji Cricket Club (supra) and Jagmohan Singh

48 2022 SCC OnLine SC 1063

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(supra), whereas there are decisions, including Moran Mar Basselios Catholics (supra), Raja Shatrunji (supra), Kamlesh Verma (supra) and S. Madhusudhan Reddy (supra), that have followed Chhajju Ram (supra) explaining that the ground “any other sufficient reason” means “a reason sufficient on grounds at least analogous to those specified immediately previously”.

101Copy pinpoint101. However, with utmost respect, we do not find any of those decisions, which have taken an expansive view, looking at such ground in the manner we propose to look, for recording our concurrence with the view in Chhajju Ram (supra) that has unhesitatingly been followed over the years. If indeed “any other sufficient reason” were to take within its embrace any situation not analogous to “discovery of new matter or evidence” and “on account of some mistake or error apparent on the face of the record”, we wonder why the legislature chose to keep “any other sufficient reason” immediately after the aforesaid two grounds. If “any other sufficient reason” were to be read independent of the said two grounds, we believe the long line in Rule 1 after clauses (a) to (c) need not have been drafted in the manner it presently reads. In lieu of referring to the said two grounds as grounds on which a review could be sought, the legislature could well have kept it open- ended as in section 5 of the Limitation Act, 1963 where it is provided, without any strings attached, that any appeal or any application may be admitted after the prescribed period of limitation if the appellant or applicant satisfies the court that he had “sufficient cause” for not preferring the appeal or the application earlier. If the intention of the legislature were to give an expanded meaning, Order XLVII Rule 1 would have read somewhat like this: any person considering himself aggrieved by a decree or order or decision of the nature indicated in clauses (a), (b) and (c) for any sufficient reason desires to obtain a review of the decree or order made against him, may apply for a review. But that is not what the provision says and means. Reading Order XLVII Rule 1 in juxtaposition to section 5 of the Limitation Act drives us to accept the view in Chhajju Ram (supra) as having interpreted the law correctly and acceptance of the same by this Court and high courts over the years, coupled with the fact that the Parliament did not consider it necessary to amend Rule 1 when it inserted the Explanation in 1976. Giving a wider meaning to the ground “any other sufficient reason” in Netaji Cricket Club (supra) and Jagmohan Singh (supra), therefore,

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must have been intended and necessitated by this Court because the justice of the cases so demanded but the same would have no application in a case of this nature.

102Copy pinpoint102. Having regard to the aforesaid distinction in the exercise of review power and the power that inheres in every court, we are unable to be ad idem with the decision in Netaji Cricket Club (supra) as well as the decision in Jagmohan Singh (supra), which followed the former decision. The said two decisions are by benches of two Hon’ble Judges, with a common author. With the deepest of respect and reverence we have for His Lordship, we find limiting the application of the principles regarding exercise of the power of review, as expounded in Moran Mar Basselios Catholics (supra) (a decision rendered by a Bench of three Hon’ble Judges, which has stood the test of time), to be against established principles flowing from Article 141 of the Constitution by which the Supreme Court is also bound. Also, laying down as a matter of principle that subsequent events could be considered while hearing a review petition, is unprecedented. The Court in Netaji Cricket Club (supra) and Jagmohan Singh (supra) read something in the statute which apart from being unnecessary, is seen to run contrary to the terms of Order XLVII, CPC as expounded in A.C. Estates (supra) (decision of a Bench of three Hon’ble Judges) and Raja Shatrunji (supra). To save Netaji Cricket Club (supra) and Jagmohan Singh (supra) from being declared as decisions rendered per incuriam, we prefer to hold, as the Hon’ble companion Judge on the said Division Bench did, that such decisions turned on the very special facts and circumstances of the cases and cannot guide us in the present endeavor.

103Copy pinpoint103. Ms. Bhati put forth the dissent authored by Hon’ble Dr. D.Y. Chandrachud, J. (as the Chief Justice then was) in Beghar Foundation (supra) to argue that the Explanation could not be a bar to the maintainability of the RPs in the present case. However, when a view is expressed by a member-Judge of a Constitution Bench which turns out to be the minority view, judicial discipline demands that a Bench of lesser strength does not accept the minority view in preference to the majority view. In any event, on a closer reading of the dissent itself, more particularly paragraph 18, it is revealed that the RPs had already been filed and were pending on the date when reference was made to a larger Bench for which His Lordship

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did not consider it necessary even to consider the Explanation. The issue before us, as held earlier, cannot be resolved without looking at the Explanation and, thus, the contention advanced by Ms. Bhati is rejected.

104Copy pinpoint104. We, thus, hold that no review is available upon a change or reversal of a proposition of law by a superior court or by a larger Bench of this Court overruling its earlier exposition of law whereon the judgment/ order under review was based. We also hold that notwithstanding the fact that Pune Municipal Corporation (supra) has since been wiped out of existence, the said decision being the law of the land when the Civil Appeals/Special Leave Petitions were finally decided, the subsequent overruling of such decision and even its recall, for that matter, would not afford a ground for review within the parameters of Order XLVII of the CPC.

105Copy pinpoint105. Question (d) is, therefore, answered in the negative.

106Copy pinpoint106. Let us now turn to question (a), which incidentally arises, and answer it.

107Copy pinpoint107. Reverting to the facts, these cases would not call for ascertainment of the ‘locus standi’ of the review petitioners, since they were parties to the proceedings from which the RPs have arisen. However, in the context of a review, a distinction can yet be drawn between a person who, not being a party to the original proceedings, has the ‘locus standi’ to invoke the review jurisdiction and a person who, despite being a party to the proceedings, can be considered as not aggrieved by the judgment/order of which he seeks a review. This question would obviously require a deep scrutiny, having regard to the materials on record and the objection to the maintainability of the RPs specifically raised by the respondent landowners. In the eyes of an unsuspecting person, obviously the review petitioners are persons aggrieved because of declaration of land acquisition proceedings initiated by them as deemed to have lapsed. But, as is evident from the factual narrative, the dates on which the High Court had disposed of the writ petitions by declaring that the land acquisition proceedings were deemed to have lapsed, it is the law laid down by a binding authority, i.e., Pune Municipal Corporation (supra) that was holding the field at the relevant time and which the High Court applied in reaching its conclusions. This Court too had dismissed the Civil Appeals and the Special Leave Petitions bearing in mind that the issue raised was no longer res integra in view of

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Pune Municipal Corporation (supra). If indeed the judgments and orders were right, could the review petitioners be categorized as aggrieved persons?

108Copy pinpoint108. For the reason that the judgments and orders under review were right on the dates they were rendered, we do not consider the review petitioners as persons aggrieved who can maintain a review petition citing either Manoharlal [5-Judge, lapse] and Shailendra [3-Judge] (supra). We, however, hold that the review petitioners can yet be considered persons aggrieved for what we proceed to say and hold immediately hereafter.

109Copy pinpoint109. Insofar as question (e) is concerned, which has been framed based on the arguments of Mr. Sen, it is true that the RPs include under the caption ‘GROUNDS’ reference to points which, according to the review petitioners, are sufficient to review the judgments/orders under review, apart from reference to the so-called ‘liberty’ granted by this Court vide Shailendra [3-Judge] (supra). Mr. Sen thus argued that even if the RPs are held not to be maintainable based on Shailendra [3-Judge] (supra) and Manoharlal [5-Judge, lapse] (supra), the same ought to be decided upon consideration of such other grounds; and, for such purpose, the larger Bench may remit the RPs for being considered by an appropriate Bench on such other grounds. Viewed in the light of such contention, the review petitioners are persons aggrieved and the RPs cannot be shut out on the ground that the same are not maintainable for reasons discussed above. However, this finding does not take the cause of the review petitioners any forward.

110Copy pinpoint110. We have perused the ‘GROUNDS’ in each of the RPs opposed by Mr. Divan and Mr. Giri. All such grounds are factual in nature. In fact, the review petitioners have raised ‘GROUNDS’ without even averring what was pleaded in their counter affidavits filed before the High Court and what were the defences raised which, because of non-consideration by this Court, could be said to amount to an error apparent on the face of the record. The RPs are silent as to on which specific ground referrable to Rule 1 of Order XLVII the review has been asked for. Even then, having considered such ‘GROUNDS’, we are of the considered opinion that the judgments/ orders under review do not suffer from any error apparent on the face of the record.

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111Copy pinpoint111. Thus, we have no hesitation to reject Mr. Sen’s contention and answer question (e) against the review petitioners.

112Copy pinpoint112. As we approach the end, we need to address question (f) regarding the maintainability of several miscellaneous applications in the present batch that seek recall of certain orders of this Court, whereby some of the land acquisition proceedings were declared to have lapsed.

113Copy pinpoint113. Notably, while these have been filed in the form of miscellaneous applications, they are in essence akin to the RPs as they also seek reconsideration of this Court’s orders. Since these miscellaneous applications also rely on Manoharlal [5-Judge, lapse] (supra) as a ground for review/reconsideration of the previous orders, they are squarely covered by the foregoing analysis in this judgment. If we were to hold otherwise, we would be permitting the review petitioners to do something indirectly—i.e., seeking review through miscellaneous applications, which they could not have done directly—i.e., seeking review through RPs. This would open the law to being misused and lead to by-passing the legislative intent behind introduction of Explanation 1 to Rule 1 of Order XLVII, CPC which, as noticed in paragraph 91 of this judgment, cannot be permitted by the Court.

114Copy pinpoint114. In this regard, we find sufficient support in the decision in Delhi Administration v. Gurdip Singh Uban and others,49 where this Court held: “17. We next come to applications described as applications for ‘clarification’, ‘modification’ or ‘recall’ of judgments or orders finally passed. We may point out that under the relevant Rule XL of the Supreme Court Rules, 1966 a review application has first to go before the learned Judges in circulation and it will be for the Court to consider whether the application is to be rejected without giving an oral hearing or whether notice is to be issued. […] However, with a view to avoid this procedure of ‘no hearing’, we find that sometimes applications are filed for ‘clarification’, ‘modification’ or ‘recall’ etc. not because any such clarification, modification is indeed necessary but because the applicant in reality wants a review and

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also wants a hearing, thus avoiding listing of the same in chambers by way of circulation. Such applications, if they are in substance review applications, deserve to be rejected straight away inasmuch as the attempt is obviously to bypass Order XL Rule 3 relating to circulation of the application in chambers for consideration without oral hearing. By describing an application as one for ‘clarification’ or ‘modification’, — though it is really one of review — a party cannot be permitted to circumvent or bypass the circulation procedure and indirectly obtain a hearing in the open court. What cannot be done directly cannot be permitted to be done indirectly. [See in this connection a detailed order of the then Registrar of this Court in Sone Lal v. State of U.P. (1982) 2 SCC 398 deprecating a similar practice.]”.

115Copy pinpoint115. Similarly, and more recently, this Court in Supertech Ltd. v. Emerald Court Owner Resident Welfare Association and others 50 held: “13. The hallmark of a judicial pronouncement is its stability and finality. Judicial verdicts are not like sand dunes which are subject to the vagaries of wind and weather [See, Meghmala v. G. Narasimha Reddy, (2010) 8 SCC 383]. A disturbing trend has emerged in this Court of repeated applications, styled as miscellaneous applications, being filed after a final judgment has been pronounced. Such a practice has no legal foundation and must be firmly discouraged. It reduces litigation to a gambit. Miscellaneous applications are becoming a preferred course to those with resources to pursue strategies to avoid compliance with judicial decisions. A judicial pronouncement cannot be subject to modification once the judgment has been pronounced, by filing a miscellaneous application. Filing of a miscellaneous application seeking modification/ clarification of a judgment is not envisaged in law. Further, it is a settled legal principle that one cannot do indirectly what one cannot do directly (‘Quando aliquid prohibetur ex directo, prohibetur et per obliquum’)”.

50 [2021] 10 SCR 569 : (2023) 10 SCC 817

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116Copy pinpoint116. We must clarify that our statement does not imply an absolute prohibition against filing of miscellaneous applications seeking ‘clarification,’ ‘modification,’ or ‘recall’ following the initial disposal of a matter. We are only emphasizing the need for the Court to exercise prudence and ascertain whether such an application is, in substance, in the nature of a RP. In case such an application is found to be nothing but a disguised version of a RP, it ought to be treated in similar manner a RP is treated.

117Copy pinpoint117. In the light of the foregoing discussion, the miscellaneous applications are not maintainable. L. CONCLUSION

118Copy pinpoint118. To sum up, our answers to all the questions [(b), (c), (d), (e) and (f)] are in the negative while (a) is partly negative and partly affirmative.

119Copy pinpoint119. We respectfully concur with the opinion expressed by the Hon’ble companion Judge on the said Division Bench and record our inability to be ad idem with the Hon’ble presiding Judge.

120Copy pinpoint120. The reference is answered accordingly.

121Copy pinpoint121. Under the circumstances, dismissal of the RPs and miscellaneous applications would have been logical and we could have ended our judgment here by ordering so. However, there is something more of a balancing act that needs to be done having regard to the disclosures that were made in course of progress of other proceedings before us, which followed immediately after judgment on this set of RPs and miscellaneous applications was reserved. Such other proceedings arose out of appeals carried from orders of the High Court declaring land acquisition proceedings as lapsed based on the decision in Pune Municipal Corporation (supra) as distinguished from RPs and miscellaneous applications of the nature under consideration. Since all such proceedings have more or less a common genesis and have followed similar trajectory, it would be eminently desirable to find a solution that benefits all. We may hasten to add here that the exercise of inherent powers conferred on this Court by Article 142, in such circumstances, is not just inevitable but also pivotal for disposal of the matters at hand, given their impact on public interest at large as well as to secure uniformity and consistency in our decisions; hence, we consider it expedient to pass such orders or directions for ensuring complete justice in the matters under

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consideration before us. Notwithstanding our discussion on the reference which was necessitated to answer the question of law on which there was a disagreement between the Hon’ble Judges of the Division Bench, taking an overall and holistic view of the matter and in the light of the larger public interest that is involved, in each of the RPs and miscellaneous applications that have been dealt with by this judgment (except those remanded to the High Court and those de-tagged for separate listing infra), we issue the following directions: a) The time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 Act is extended by a year starting from 01st August, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as per law, shall follow; b) The parties shall maintain status quo regarding possession, change of land use and creation of third-party rights till fresh acquisition proceedings, as directed above, are completed; c) Since the landowners are not primarily dependent upon the subject lands as their source of sustenance and most of these lands were/are under use for other than agricultural purposes, we deem it appropriate to invoke our powers under Article 142 of the Constitution and dispense with the compliance of Chapters II and III of the 2013 Act whereunder it is essential to prepare a Social Impact Assessment Study Report and/or to develop alternative multi-crop irrigated agricultural land. We do so to ensure that the timeline of one year extended at (a) above to complete the acquisition process can be adhered to by the appellants and the GNCTD, which would also likely be beneficial to the expropriated landowners; d) Similarly, compliance with sections 13, 14, 16 to 20 of the 2013 Act can be dispensed with as the subject-lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. In order to simplify the compliance of direction at (a) above, it is further directed that every Notification issued under section 4(1) of the 1894 Act in this batch of cases, shall be treated as a Preliminary Notification within the meaning of section 11 of the 2013 Act, and shall be deemed to have been published as on 01st January, 2014;

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e) The Collector shall provide hearing of objections as per section 15 of the 2013 Act without insisting for any Social Impact Assessment Report and shall, thereafter, proceed to take necessary steps as per the procedure contemplated under section 21 onwards of Chapter-IV of 2013 Act, save and except where compliance of any provision has been expressly or impliedly dispensed with; f) The landowners may submit their objections within a period of four weeks from the date of pronouncement of this order. Such objections shall not question the legality of the acquisition process and shall be limited only to clauses (a) and (b) of section 15(1) of the 2013 Act; g) The Collector shall publish a public notice on his website and in one English and one vernacular newspapers, within two weeks of expiry of the period of four weeks granted under direction (f) above; h) The Collector shall, thereafter, pass an award as early as possible but not exceeding six months, regardless of the maximum period of twelve months contemplated under section 25 of the 2013 Act. The market value of the land shall be assessed as on 01st January, 2014 and the compensation shall be awarded along with all other monetary benefits in accordance with the provisions of the 2013 Act except the claim like rehabilitation etc.; i) The Collector shall consider all the parameters prescribed under section 28 of the 2013 Act for determining the compensation for the acquired land. Similarly, the Collector shall determine the market value of the building or assets attached with the land in accordance with section 29 and shall further award solatium in accordance with section 30 of the 2013 Act; j) In the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of Chapter (V) pertaining to “Rehabilitation and Resettlement Award” is hereby dispensed with; and k) The expropriated landowners shall be entitled to seek reference for enhancement of compensation in accordance with Chapter- VIII of the 2013 Act.

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122Copy pinpoint122. Before we part, we must address a minor task that remains unfinished. Specifically, we are currently handling two sets of RPs. The first set pertains to landowners who continue to maintain their status as landowners from the date of Notification under section 4(1) of the 1894 Act. The second set includes landowners who, subsequent to the aforementioned Notification under section 4(1), have transferred their properties—the subject of acquisition—to purchasers (“subsequent purchasers”, hereafter) through methods such as executing sale deeds, deeds of assignment, or even via power of attorney. In addition to the allegations regarding fraud by landowners by suppressing subsequent sale transactions, the second set may also involve ownership title disputes, etc.

123Copy pinpoint123. The cases falling under the second set are listed below: a) DELHI DEVELOPMENT AUTHORITY v. TARUN KAPAHI [R.P.(C) No. 425/2023]; b) GOVT. OF NCT OF DELHI v. NARENDER SHARMA [R.P.(C) No. 426/2023]; c) DELHI DEVELOPMENT AUTHORITY v. M/S. RUNWEELL (INDIA) PVT. LTD. [R.P.(C) No. 428/2023]; d) DELHI DEVELOPMENT AUTHORITY v. MAHARAJ SINGH [R.P.(C) No. 429/2023]; and e) DELHI DEVELOPMENT AUTHORITY v. SURENDER SINGH [R.P.(C) No. 409/2023].

124Copy pinpoint124. As a fact-finding inquiry is necessary to ascertain the rightful claimant for receiving the compensation, which is to be determined as directed in paragraph 121 supra, we hereby set aside the orders of the High Court that were under challenge in the Civil Appeals out of which the aforementioned RPs have arisen. We revive the relevant writ petitions [W.P. (C) No. 5107/2015, W.P. (C) No. 5063/2014, W.P. (C) No. 4780/2014, W.P. (C) No. 1637/2015, W.P. (C) No. 6897/2014], which shall stand restored on the file of the High Court for this limited purpose on remand being ordered. The Chief Justice of the High Court is requested to constitute a dedicated bench to decide these writ petitions in the manner indicated hereafter. The nominated bench will accord an opportunity to the landowners/subsequent purchasers, the GNCTD, and the DDA to submit additional documents on affidavits whereupon such bench shall embark on an exercise to decide who

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between the landowner(s) and the subsequent purchaser(s) is the rightful claimant to receive compensation. The nominated bench will have the authority to obtain independent fact-finding enquiry reports, if deemed necessary. The inquiry could include determination as to whether after the Notification under section 4(1) of the 1894 Act, any transfer could have been effected and even if effected, whether such transfer is permitted by any law. Once compensation is determined, the relevant authority in the land acquisition department shall deposit the same with the reference court. The reference court shall then invest the deposited amount in a short-term interest-bearing fixed deposit account with a nationalized bank, ensuring its periodical renewal until the relevant writ petition is disposed of by the nominated bench. Release of the invested amount together with accrued interest to the rightful claimant will be contingent upon the decision of the High Court. Upon enquiry being completed, the High Court shall decide the relevant writ petitions in accordance with law.

125Copy pinpoint125. The directions issued in paragraph 121 supra do not extend to eight miscellaneous matters that were erroneously included in the present batch. These cases shall be listed separately in the week commencing 22nd July, 2024. The details of the cases are as follows: a) In these two cases outlined below, no notice has been issued by this Court for condonation of delay and/or otherwise; hence, they need to be de-tagged and listed separately: i. GOVERNMENT OF NCT OF DELHI v. M/S. K.L. RATHI STEELS LTD. [M.A. No. 414/2023 in C.A. No. 11857/2016]; and ii. DELHI DEVELOPMENT AUTHORITY v. HARI PRAKASH [R.P. (C) No. 432/2023 in C.A. No. 11841/2016]. b) The following are three cases where neither a RP nor a miscellaneous application has been filed. These cases are Special Leave Petitions filed before this Court and thus necessitate separate hearing: i. GOVERNMENT OF NCT OF DELHI v. M/S BEADS PROPERTIES PVT. LTD. [C.A. No. 1522/2023]; ii. LAND AND BUILDING DEPARTMENT v. RAM SINGH [Diary No. 14831/2023]; and

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iii. LAND AND BUILDING DEPARTMENT v. SUMIT BANSAL [Diary No. 15893/2023]. c) The following two cases, although RPs, were filed before the change in law, i.e., prior to the decision in Shailendra [3-Judge] (supra). Consequently, they need to be de-tagged to be assessed based on their individual merits: i. DELHI DEVELOPMENT AUTHORITY v. SWARN SINGH CHAWLA [R.P. (C) No. 882/2017 in C.A. No. 11846/2016]; and ii. GOVT. OF NCT OF DELHI v. M/S. K.L. RATHI STEELS LTD. [M.A. No. 159/2019 in C.A. No. 11857/2016]. d) The following case concerns a contempt petition, viz. M/S K.L. RATHI STEELS LTD v. ANSHU PRAKASH [Conmt. Pet. (C) No. 735/2018 in C.A. No. 11857/2016]. The same needs to be de-tagged to be assessed on its individual merits.

126Copy pinpoint126. All other RPs and miscellaneous applications stand disposed of, without order for costs. Pending applications, if any, shall also stand disposed of.

Result of the case: R eview petitions and miscellaneous application disposed of.

† Headnotes prepared by: Nidhi Jain