AIR 2003 SUPREME COURT 4672 ::2003 AIR SCW 5114 ::(2003) 11 IndLD 657 ::(2003) 107 DLT 646 ::(2004) 3 CivLJ 71 ::2003 (10) SCC 321 ::(2003) 4 RecCivR 799 ::(2004) 2 RecCivR 385(2) ::(2003) 8 Scale 489 ::2004 (1) LACC 60 ::2003 (4) CurCC 240 ::(2004) 1 AllMR 79 (SC) ::(2004) 1 All WC 414 ::2004 (1) MadLJ102 ::(2004) 1 RenCR 233 ::2004 (3) LandLR 127 ::2003 (6) SLT 294 ::2003 (7) Supreme 696 ::(2003) 5 Andh LT 477 ::(2004) 13 AllIndCas 435 (SC) ::(2003) 10 AllIndCas 928 (AP) ::2004 (13) AllIndCas 435 ::(2004) 54 All LR 410 ::2004 (1) SRJ 409 ::(2003) 9 JT 497 (SC) ::2003 (9) JT 497

Supreme Court Of India

(From : Delhi)

Hon'ble Judge(s): S. N. Variava, H. K. Sema , JJ

(A) Constitution of India , Art.136— Special Leave Petition - Maintainability - Special Leave Petition, (SLP) dismissed summarily - Does not debar other persons from filing a SLP against same judgment. If a Special Leave Petition is summarily dismissed such a dismissal does not bar other parties from filing a Special Leave Petition against the same judgment. In the instant case the Delhi Development Authority's Review Petition is being dismissed, but this order specifically delinks this Civil Appeal along with two other Civil Appeals. Once the Supreme Court has specifically chosen to keep this Appeal alive, it would not be correct or proper to now dismiss this Appeal only on the ground that the Special Leave Petition and Review Petition of the Delhi Development Authority have been dismissed. (B) Displaced Persons (Compensation and Rehabilitation) Act (44 of 1954) , S.12— Acquisition of land - Evacuee properties are not properties of Central Government - Can be acquired under S. 12 as well as under provisions of Land Acquisition Act. Land Acquisition Act (1 of 1894) , S.4— Merely because a property is an evacuee property does not mean that it vest in the Central Government. The Custodian is a @page-SC4673 statutory....