List of Dates for a Special Leave Petition (SLP) in the Supreme Court of India
This article outlines the key elements typically included in the “Synopsis and List of Dates” section and the subsequent “Special Leave Petition” within the context of an SLP filed in the Supreme Court of India.
Synopsis and List of Dates:
- Brief Overview: This section provides a concise summary of the case, highlighting the main issue and the order being challenged.
- Key Dates: A chronological list of important dates is presented, outlining the key events in the litigation process. This may include:
- 31.10.2001: Notification of the Energy Policy by the [State] Government.
- 22.02.2007: Publication of the R&R Policy by the State Government.
- 04.09.2008: Execution of a Memorandum of Understanding (MoU) between the State Government and a private company for a power project.
- 15.05.20[Year]: Date of the High Court Division Bench judgment reversing the Single Judge’s decision.
- [Date]: Date of filing the present SLP in the Supreme Court.
Special Leave Petition:
- Introduction:
- States that the SLP is filed under Article 136 of the Constitution of India.
- Specifies the High Court judgment being challenged.
- Questions of Law:
- Outlines the key legal questions raised in the SLP.
- Example: Whether the land acquisition was for a public purpose or for a private company.
- Whether the acquisition constituted a “colourable exercise of power.”
- Outlines the key legal questions raised in the SLP.
- Declarations:
- Declaration that no other SLP has been filed against the High Court judgment.
- Declaration that the Annexures filed are true copies of relevant documents.
- Grounds for the SLP:
- Details the specific grounds for challenging the High Court judgment.
- Example: The High Court erred in reversing the Single Judge’s finding that the acquisition was for a private company.
- Details the specific grounds for challenging the High Court judgment.
- Grounds for Interim Relief (if applicable):
- Explains why interim relief (e.g., stay of the High Court order) is necessary to prevent irreparable harm to the petitioner.
- Prayers:
- Requests the Supreme Court to grant Special Leave to Appeal.
- Requests the Supreme Court to pass any other necessary orders, including interim relief.
Synopsis and List of Dates in a Special Leave Petition
The Synopsis and List of Dates is a critical component of a Special Leave Petition (SLP) filed in the Supreme Court of India. It provides a concise summary of the case and a chronological sequence of events leading to the filing of the petition. Below is a detailed illustration based on a hypothetical case.
IN THE SUPREME COURT OF INDIA [S.C.R. XXI RULE 3(1)(a)]
CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (C) NO.________________ OF 20__
(Arising out of the final judgment and order dated 15.05.20___ passed by the Hon’ble High Court of ______ in Writ Appeal No. _____ of _____ and Writ Appeal ____ of 20__)
IN THE MATTER OF:
In High Court | In Supreme Court | ||
---|---|---|---|
ABC | Respondent | Petitioner No. 1 | |
Versus | Government of ___ | Petitioner No. 1 | Respondent No. 1 |
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION ON BEHALF OF THE PETITIONER ABOVE NAMED MOST RESPECTFULLY SHOWETH:
SYNOPSIS AND LIST OF DATES
Synopsis: The present Special Leave Petition is being filed by the Petitioners impugning the final order/judgment dated ______ passed by the Division Bench of the Hon’ble High Court of Chhattisgarh, Bilaspur in Writ Appeal No. _____ of _____, titled ____ & Ors V. __ & Ors, wherein the Division Bench reversed the detailed and landmark decision of the Single Judge, which had held that the land acquisition was a “colourable exercise of power.”
Key Dates:
- 31.10.2001: Energy Policy of __________ Government was notified. (Annexure P1 Page ___ to Page ___)
- 22.02.2007: R & R Policy 20__ was published by the State Government.
- 04.09.2008: The Government of ____ and the __________ entered into a Memorandum of Understanding with M/S ______________ Limited for setting up a 500 MW Thermal Power Project. (Annexure P2 Page ___ to Page ___)
- 15.05.20__: The Hon’ble Division Bench of the High Court of _______ passed a common order against various civil appeals, allowing the Writ Appeals filed by the Respondents herein.
- .09.20: Hence, the present SLP.
The present Special Leave Petition has been filed under Article 136 of the Constitution of India against the judgment and final order dated 15.05.20__ passed by the Division Bench of the Hon’ble High Court of ______ in Writ Appeal No. ___ of ____ and _____ of ____ whereby the appeal filed by the contesting respondents herein against the judgment of the Ld. Single Judge were allowed.
2. QUESTIONS OF LAW:
A. Whether the land acquisition is for a Private Company or for a public purpose, and whether the acquisition is malafide, being a colourable exercise of power and a fraud on the statute and in sheer abuse of the power of eminent domain?
B. Whether land acquired by a Private Company by violating Section 44B for any other purpose than the one mentioned in Section 40(1)(a) is valid?
3. DECLARATION IN TERMS OF RULE 3(2):
That the Petitioner has filed no other Petition seeking leave to Appeal against the final judgment and order dated 15.05.20__ passed by the Ld. Division Bench of the High Court of ____ in Writ Appeal No. __ of __ and __ of __.
4. DECLARATION IN TERMS OF RULE 5:
That the Annexures filed with the Present Petition are true copies of the pleadings/documents forming part of the records before courts below.
5. GROUNDS:
That the present special leave to Appeal is being filed on the following, amongst other, grounds without prejudice to each other;
i. Because the Division Bench of the Hon’ble High Court failed to appreciate that the procedure for acquiring land for a public purpose cannot be adopted for acquiring land for a private company.
The acquisition in the instant case was an acquisition for a private company as was found by the Single Judge, and the State had undertaken a colourable exercise of power by stating it to be an acquisition for a public purpose.
6. GROUNDS FOR INTERIM RELIEF:
The Petitioners have a good case on merits and fair chances of success before this Hon’ble Court.
The acquisition in the instant case was an acquisition for a private company as was found by the Single Judge, and the State had undertaken a colourable exercise of power by stating it to be an acquisition for a public purpose.
If no stay is granted, it would cause serious prejudice to the petitioners, who are poor farmers currently occupying the land.
7. MAIN PRAYERS:
In view of the facts and circumstances mentioned above, it is most humbly prayed that this Hon’ble Court may graciously be pleased to:
i. Grant Special Leave to Appeal against the order passed by the Division Bench of the Hon’ble High Court of ______ in Writ Appeal No. ____ of ___, titled State of ____ & Ors V. ____ & Ors, and in Writ Appeal No. ____ of 2012, titled ____ & Ors V. ____ & Ors.
ii. Pass such other or any further order(s) as may be deemed fit and appropriate by this Hon’ble Court in the facts and circumstances of the present case.
8. INTERIM PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to: a) Stay the impugned judgment dated 15.05.20__ passed by the Division Bench of the Hon’ble High Court of ______ in Writ Appeal No. ____ of ___, titled State of ____ & Ors V. ____ & Ors, and in Writ Appeal No. ____ of 2012, titled ____ & Ors V. ____ & Ors; b) Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interests of justice.
FILED BY: Advocate for the petitioner
Drawn By: Drawn on: Filed on: New Delhi
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. The specific content and format of the SLP may vary depending on the nature of the case and the applicable rules of the Supreme Court.
Note: This article provides a general overview of the “Synopsis and List of Dates” section and the subsequent “Special Leave Petition.” The actual SLP would require detailed legal analysis and drafting by legal professionals.