Ravi Chand Garg (nil) 23 July 2022

Remedy for state not honouring supreme court jugdment

RAVI CHAND GARG

318 POCKET E MAYUR VIHAR PHASE 2, DELHI 110091.

ADVOCATE BAR COUNCIL OF DELHI REGISTRATION NO D/649/1993

EMAIL wishanti @ hotmail.com

DATED 23.7.22

My land in Haryana situated in district Yamuna Nagar was Acquired by HARYANA URBAN DEVELOPMENT AUTHORITY ( HUDA) in 2005 under the LAND ACQUISITIN ACT 1894.. The land was released from acquisition in 2015 by the Honb`le Supreme court of India. The Land has been all along in my possession and I have not drawn any compensation or any other benefit. But HUDA got the Land transferred in the name of HUDA in land records at Yamuna Nagar some time in 2014 or thereafter. I have been writing to HUDA and Deputy Commissioner Yamunanagar. to transfer the land to my name in the Land Records. But they have not responded to my letters. In response to my letter on another matter on 11.9.19 Huda had mentioned in passing that they intend to file a review petition in Honb`le Supreme Court . . Now I have written a Letter under RTI to HUDA. I am now 88 + years old and want to enjoy my property..

My query is :- Can Huda File a Review petition after a lapse of 7 years of the Judgement

.Can HUDA keep the land in its name for all time to come with the excuse that it intends to file a Review Petition. and deprive me of of my property for all time to come.

Is it not tyranny of the state on its citizens and Contempt of Court..

Due to my advanced age I am not in a Position to fight Long Legal Battles. Can Some Legal Luminary suggest a Simple , Quick and inexpensive way to get the land released from clutches of HUDA

Sincerely,

RAVI CHAND GARG EMAIL wishanti@hotmail.com.

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2 Replies

Dr J C Vashista (Advocate) 25 July 2022

Article 137 of the Constitution of India grants the Supreme Court the power to review any of its judgments or orders. This power is however subject to to the Rules made by the Supreme Court under Article 145, as well as the provisions of any law enacted by parliament. Further, as per the Supreme Court Rules, 2013 (XLVII.2) a review Petition must be filed within 30 days from the judgment or order of which review is sought and must be placed before the same Bench which had delivered the decision.

Review filed after 7 years of judgement is not maintainable.

P. Venu (Advocate) 26 July 2022

A mere intention to file a review petition is no excuse for implementing the decision of the Supreme Court. You may be intimate HUDA through a lawyer of the decision of the Supreme Court and inform that contempt proceedings would be initiated for wilful disobedience of the Court.