DELHI DEVELOPMENT AUTHORITY Vs. USHA DEVI AND ORS.
EmailAppeal: CIVIL APPEAL NO. 10207 OF 2016
Petitioner: DELHI DEVELOPMENT AUTHORITY
Respondent: USHA DEVI AND ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Oct 17, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10207 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 30692 OF 2016] [@CC No. 19043 of 2016]
DELHI DEVELOPMENT AUTHORITY APPELLANT(S) VERSUS USHA DEVI AND ORS. RESPONDENT(S)
WITH
CIVIL APPEAL NO. 10210 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 30696 OF 2016] [@ CC No. 19239 of 2016]
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 (C) No. 8467 of 2015 and Civil Appeal No. 5811 of 2015 arising out of Special Leave Petition (C) No. 21545 of 2015. 3. These appeals are, accordingly, dismissed. 4. 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.
.contd.
-2- 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; October 17, 2016.
DELHI DEVELOPMENT AUTHORITY APPELLANT(S) VERSUS USHA DEVI AND ORS. RESPONDENT(S)
WITH
CIVIL APPEAL NO. 10210 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 30696 OF 2016] [@ CC No. 19239 of 2016]
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 (C) No. 8467 of 2015 and Civil Appeal No. 5811 of 2015 arising out of Special Leave Petition (C) No. 21545 of 2015. 3. These appeals are, accordingly, dismissed. 4. 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.
.contd.
-2- 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; October 17, 2016.
