Indore Development Authority Petitioner(S) v. Shyam Verma And Others (S)., Supreme Court Of India, Judgment, Law, casemine.com

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CITATION CODES

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citation codes

CASE NO.

Petition(s) for Special Leave to Appeal (C) No(s). 9798-9799/2016†, SLP(C) No. 9036-9038/2016 (IV-A), (IA No. 120433/2017-Application for Substitution)

DISPOSITION

remanded

JUDGES

Adarsh Kumar Goel

Uday Umesh Lalit, JJ.

ACTS

No Acts

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Supreme Court Of India

Indore Development Authority Petitioner(S) v. Shyam Verma And Others (S).

(Feb 22, 2018) Copy Cite

Case Information

CITATION CODES

citation codes

CASE NO.

Petition(s) for Special Leave to Appeal (C) No(s). 9798-9799/2016†, SLP(C) No. 9036-9038/2016 (IV-A), (IA No. 120433/2017-Application for Substitution)

DISPOSITION

remanded

JUDGES

Adarsh Kumar Goel

Uday Umesh Lalit, JJ.

ACTS

No Acts

See more information ...

Smart Summary (Beta)

Factual and Procedural Background

By order dated 18 April 2016, the present matters were directed to be listed after the Supreme Court rendered its judgment in SLP (Civil) No. 10742/2008. That SLP has since been decided in “Indore Development Authority v. Shailendra (Dead) Through Lrs.”, (2018) 2 SCALE 1. At the hearing on 22 February 2018, learned Senior Advocate Mr. Rohatgi placed before the Court a copy of yet another order dated 21 February 2018 passed in SLP(C) No. 5552/2018 (CC No. 8453/2017) titled “State of Haryana v. G.D. Goenka Tourism Corporation Limited”. In view of these developments and considering the nature of the questions involved, the Bench concluded that the issues require resolution by a larger Bench and directed that the matters be placed before an appropriate Bench on 23 February 2018 in accordance with the directions of the Hon’ble Chief Justice of India.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Indore Development Authority v. Shailendra (Dead) Through Lrs., (2018) 2 SCALE 1	Final decision in SLP(C) No. 10742/2008, the outcome of which the present matters had been awaiting.	The Court noted that, as this judgment has now been delivered, the pending matters could proceed to the next procedural stage.
State of Haryana v. G.D. Goenka Tourism Corporation Limited, Order dated 21 Feb 2018, SLP(C) No. 5552/2018 (CC No. 8453/2017)	Recent order in a related matter shown to the Bench for its attention.	Its existence was acknowledged in deciding that the controversy should be escalated to a larger Bench.

Court's Reasoning and Analysis

The Bench observed that, in light of the recent decision in the Indore Development Authority case and the freshly produced order in State of Haryana v. G.D. Goenka Tourism Corporation Limited, the issues arising in the present petitions have assumed a complexity and significance warranting authoritative determination. The Court therefore concluded that a larger Bench should address the questions to ensure doctrinal clarity and uniformity. No further substantive analysis was offered, as the order is confined to making logistical arrangements for such consideration.

Holding and Implications

The matters are referred to and listed before an appropriate larger Bench on 23 February 2018.

Direct Effect: The present Bench relinquishes seisin, and the controversy will be taken up by a larger Bench the following day. Broader Implication: No new legal principle is established at this stage; the order merely initiates a procedural step toward a more authoritative ruling.

Show full summary ...

Indore Development Authority Petitioner(S) v. Shyam Verma And Others (S).

1. Vide order dated 18.04.2016, this matter was directed to be listed after the decision in SLP(Civil) No. 10742/2008. The same has since been decided in “Indore Development Authority v. Shailendra (Dead) Through Lrs.”, (2018) 2 SCALE 1.

2. A copy of order dated 21.02.2018 in SLP(C) No. 5552/2018 CC. No. 8453/2017 titled “State of Haryana v. G.D. Goenka Tourism Corporation Limited” has been shown to this Court by Mr. Rohatgi, senior Advocate.

3. We are of the view that having regard to the nature of the issues involved in the matter, the issues need to be resolved by a larger Bench at the earliest.

4. These matters may be placed before the appropriate Bench tomorrow i.e. 23 February, 2018, as per orders of Hon'ble The Chief Justice of India.

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