DELHI DEVELOPMENT AUTHORITY Vs. PRAMA BHANDARI and ORS.
EmailAppeal: CIVIL APPEAL NO. 9603 OF 2016
Petitioner: DELHI DEVELOPMENT AUTHORITY
Respondent: PRAMA BHANDARI and ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Sep 22, 2016
JUDGEMENT:
NON-
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9603 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 8835 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
PRAMA BHANDARI & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 9604 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 10617 OF 2016 ]
J U D G M E N T
KURIAN, J.
C.A. No. 9603 of 2016 (@ SLP (C) No. 8835/2016)
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. 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.
6. However, we make it clear that this Judgment shall have no bearing on the dispute, which is now pending before the High Court in CS(OS)No. 1607 of 2003 and CS(OS)No. 1772 of 2003, which shall be disposed of by the High Court on their own merits.
Pending applications, if any, stand disposed of.
No costs.
C.A. No. 9604 of 2016 (@ SLP (C) No. 10617/2016)
Leave granted.
In view of the Judgment passed in C.A.No.9603 of 2016 (@ SLP (C) No. 8835/2016), as above, this appeal is dismissed.
Pending applications, if any, stand disposed of.
No costs.
…………………..J.
[ KURIAN JOSEPH ]
…………………..J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
September 22, 2016. ———————– 3
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9603 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 8835 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
PRAMA BHANDARI & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 9604 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 10617 OF 2016 ]
J U D G M E N T
KURIAN, J.
C.A. No. 9603 of 2016 (@ SLP (C) No. 8835/2016)
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. 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.
6. However, we make it clear that this Judgment shall have no bearing on the dispute, which is now pending before the High Court in CS(OS)No. 1607 of 2003 and CS(OS)No. 1772 of 2003, which shall be disposed of by the High Court on their own merits.
Pending applications, if any, stand disposed of.
No costs.
C.A. No. 9604 of 2016 (@ SLP (C) No. 10617/2016)
Leave granted.
In view of the Judgment passed in C.A.No.9603 of 2016 (@ SLP (C) No. 8835/2016), as above, this appeal is dismissed.
Pending applications, if any, stand disposed of.
No costs.
…………………..J.
[ KURIAN JOSEPH ]
…………………..J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
September 22, 2016. ———————– 3
