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CDJ 2026 SC 114
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| Court : Supreme Court of India |
| Case No : Civil Appeal No(s). ….of 2026 (Arising out ….of SLP (Civil) No(s). 18747, 26671, 18271, 30148, 30153, 30145, 30156, 20336, 20408, 30974, 31496, 32656, 34374, 37994 of 2025, 1842 of 2026), (Arising out of SLP (Civil) No(s). of 2026) (Diary No(s). 65549 of 2025) |
| Judges: THE HONOURABLE CHIEF JUSTICE MR. SURYA KANT, THE HONOURABLE MR. JUSTICE JOYMALYA BAGCHI & THE HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI |
| Parties : Bareilly Development Authority Versus Om Prakash & Others
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| Appearing Advocates : For the Petitioner: ----- For the Respondents: ------ |
| Date of Judgment : 13-01-2026 |
| Head Note :- |
(Full Bench)
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- None.
2. Catch Words:
- Stay
- Interim stay
- Interlocutory order
- Compensation
3. Summary:
The Bareilly Development Authority appealed against interlocutory orders of the Allahabad High Court directing full compensation deposit and partial withdrawal. The Supreme Court stayed execution proceedings before the LARRA Court, subject to a 50% compensation deposit within four weeks, to be kept as a fixed deposit earning interest. The deposited amount is to be held for six months with auto‑renewal. The Court noted that the High Court had already commenced hearing the main appeals and saw no reason to retain the interlocutory appeals, allowing them in part and substituting the High Court’s orders with its interim order dated 10.11.2025. No merits of the case were addressed. The interim stay was made absolute for six weeks post‑upload of the High Court’s final judgment to allow aggrieved parties to approach the appropriate forum.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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1. Delay condoned.
2. Leave granted.
3. These appeals have been preferred by the Bareilly Development Authority (BDA) against interlocutory orders passed by the High Court of Judicature at Allahabad in pending first appeals, whereby the appellant-authority was directed to deposit 100% compensation amount payable for acquisition of the respondent's land and upon deposit thereof, the respondents were permitted to withdraw 50% thereof.
4. When these matters came up for hearing on 10.11.2025, after hearing both sides, this Court was pleased to pass the following order:
"5. Meanwhile, execution proceedings pending before the Land Acquisition Rehabilitation and Resettlement Authority (LARRA) Court at Bareilly shall remain stayed, subject to the deposit of 50% of the compensation amount by the petitioner-Authority with the LARRA Court within four weeks.
6. The amount so deposited is directed to be kept in a Fixed Deposit Receipt in a nationalised bank, to fetch the maximum rate of interest, initially for a period of six months with an auto renewal facility.
7. We are informed, at this stage, that the LARRA is proceeding with the execution proceedings in all those cases where an interim stay has not been granted."
5. We are informed that during the pendency of these proceedings, the High Court has already taken up the main case, namely, the set of the first appeals for final hearing.
6. That being so, when the High Court has already commenced hearing in the main case, and the matter is likely to be decided at the earliest, we see no reason to keep these appeals, directed against interlocutory orders, pending before this Court. The same are accordingly allowed in part, and the impugned interlocutory orders of the High Court is substituted with the interim order dated 10.11.2025 of this Court, as reproduced above.
7. It is clarified that we have not expressed any opinion on the merits of the case.
8. It is further directed that the interim stay granted on 10.11.2025, which is made absolute today, shall continue to operate for a period of six weeks from the date of uploading of the final judgment of the High Court, so as to enable the aggrieved parties to approach the appropriate forum.
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