HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. versus MAWASI & ORS. ETC.ETC.

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. versus MAWASI & ORS. ETC.ETC.

The petitioner failed to substantiate claims of non-genuineness or common management regarding Exhibit P1 and did not provide acceptable explanations for omission of evidence at earlier stages. No error apparent on the face of record or new material justifying review was established; thus, the judgment dated 17.8.2010 stands and review is not warranted.

Parties
Petitioner: Haryana State Industrial Development Corporation Ltd.; Respondents: Mawasi & Ors. etc.
Jurisdiction
India
Judgment Date
02 July 2012
Procedural Posture
Review Petition (c) No. 235 578 of 2011 / Final Disposition Judgment on Review Petition
Outcome
Review petitions dismissed
Legal Topics
Review of Supreme Court Judgment, Compensation for Land Acquisition, Error Apparent on the Face of Record, Scope of Review Under Article 137
Land Acquisition Civil Procedure Constitutional Law Review of Supreme Court Judgment Compensation for Land Acquisition Error Apparent on the Face of Record Scope of Review Under Article 137

Case Brief

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Parties

Haryana State Industrial Development Corporation Ltd.

Petitioner

Mawasi & Ors. etc.

Respondents

Procedural Posture

Review Petition (c) No. 235 578 of 2011 / Final Disposition Judgment on Review Petition

Legal Issues

  1. 1 Whether Supreme Court judgment dated 17.8.2010 fixing compensation based on sale deed Exhibit P1 warrants review on grounds of alleged non-genuineness and overvaluation.
  2. 2 Whether new evidence relating to management and sale transactions of vendor and vendee companies justifies review.

Ratio Decidendi

The petitioner failed to substantiate claims of non-genuineness or common management regarding Exhibit P1 and did not provide acceptable explanations for omission of evidence at earlier stages. No error apparent on the face of record or new material justifying review was established; thus, the judgment dated 17.8.2010 stands and review is not warranted.

Court Disposition

Review petitions dismissed

Orders

  • Interim order dated 30.3.2011 stands automatically vacated.
  • Petitioner to pay costs of Rs.25,000/- in each case, to be deposited with Supreme Court Legal Services Committee within three months.