DELHI DEVELOPMENT AUTHORITY Vs. DEVESH CHHABRA AND ORS.
EmailAppeal: CIVIL APPEAL NO.10205 OF 2016
Petitioner: DELHI DEVELOPMENT AUTHORITY
Respondent: DEVESH CHHABRA AND ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Oct 18, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10205 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30690 OF 2016 ] [@ CC No. 19086 of 2016]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
DEVESH CHHABRA AND ORS. Respondent(s)
WITH CIVIL APPEAL NO. 10206 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30691 OF 2016 ] [@ CC No.19151 of 2016] WITH
CIVIL APPEAL NO.10208 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30693 OF 2016 ] [@ CC No.19558 of 2016] WITH
CIVIL APPEAL NO. 10209 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30695 OF 2016 ] [@ CC No.20011 of 2016]
J U D G M E N T
KURIAN, J.
1. Delay condoned. 2. Leave granted. 3 The issue, in principle, is covered against the appellant by judgments in Civil Appeal No. 8477 of 2016 arising out of Special Leave Petition (C) No. 8467 of 2015 and Civil Appeal No. 5811 of 2015 arising out of Special Leave Petition (C) No. 21545 of 2015.
4. These appeals are, accordingly, dismissed. 5 In the peculiar facts and circumstances of these cases, the appellant is given a period of one year to exercise its liberty granted under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh. 6. We make it clear that in case no fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant, if in possession, shall return the physical possession of the land to the original land owner. Pending applications, if any, stand disposed of. No costs.
…………………..J. [KURIAN JOSEPH ]
…………………..J. [ROHINTON FALI NARIMAN ]
New Delhi; October 18, 2016.
CIVIL APPEAL NO.10205 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30690 OF 2016 ] [@ CC No. 19086 of 2016]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
DEVESH CHHABRA AND ORS. Respondent(s)
WITH CIVIL APPEAL NO. 10206 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30691 OF 2016 ] [@ CC No.19151 of 2016] WITH
CIVIL APPEAL NO.10208 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30693 OF 2016 ] [@ CC No.19558 of 2016] WITH
CIVIL APPEAL NO. 10209 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30695 OF 2016 ] [@ CC No.20011 of 2016]
J U D G M E N T
KURIAN, J.
1. Delay condoned. 2. Leave granted. 3 The issue, in principle, is covered against the appellant by judgments in Civil Appeal No. 8477 of 2016 arising out of Special Leave Petition (C) No. 8467 of 2015 and Civil Appeal No. 5811 of 2015 arising out of Special Leave Petition (C) No. 21545 of 2015.
4. These appeals are, accordingly, dismissed. 5 In the peculiar facts and circumstances of these cases, the appellant is given a period of one year to exercise its liberty granted under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh. 6. We make it clear that in case no fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant, if in possession, shall return the physical possession of the land to the original land owner. Pending applications, if any, stand disposed of. No costs.
…………………..J. [KURIAN JOSEPH ]
…………………..J. [ROHINTON FALI NARIMAN ]
New Delhi; October 18, 2016.
