DELHI DEVELOPMENT AUTHORITY Vs. NIRMAL KANTA KOHLI AND ORS
EmailAppeal: CIVIL APPEAL No.9336 OF 2016
Petitioner: DELHI DEVELOPMENT AUTHORITY
Respondent: NIRMAL KANTA KOHLI AND ORS
Judges: KURIAN JOSEPH, ROHINTON FALI NARIMAN
Date of Judgment: Sep 19, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.9336 OF 2016 [@ SPECIAL LEAVE PETITION (C) 27586 OF 2016] [@ SPECIAL LEAVE PETITION (C)…..CC NO.17175 OF 2016]
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
NIRMAL KANTA KOHLI AND ORS RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue, in principle, is covered against the appellant by judgments in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (Civil) No.8467 of 2015 and Civil Appeal No.5811 of 2015 arising out of Special Leave Petition(C) No.21545 of 2015.
3. This appeal is, accordingly, dismissed.
4. In the peculiar facts and circumstances of this case, 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.
5. 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, September 19, 2016
CIVIL APPEAL No.9336 OF 2016 [@ SPECIAL LEAVE PETITION (C) 27586 OF 2016] [@ SPECIAL LEAVE PETITION (C)…..CC NO.17175 OF 2016]
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
NIRMAL KANTA KOHLI AND ORS RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue, in principle, is covered against the appellant by judgments in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (Civil) No.8467 of 2015 and Civil Appeal No.5811 of 2015 arising out of Special Leave Petition(C) No.21545 of 2015.
3. This appeal is, accordingly, dismissed.
4. In the peculiar facts and circumstances of this case, 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.
5. 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, September 19, 2016
