DELHI DEVELOPMENT AUTHORITY Vs. AMAN and ORS.
EmailAppeal: CIVIL APPEAL NO. 10413 OF 2016
Petitioner: DELHI DEVELOPMENT AUTHORITY
Respondent: AMAN and ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Oct 27, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10413 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32064 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20164 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
AMAN & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 10414 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32065 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20437 OF 2016 ]
WITH
CIVIL APPEAL NO. 10415 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32066 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20526 OF 2016 ]
WITH
CIVIL APPEAL NO. 10416 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32067 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20649 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 27, 2016.
CIVIL APPEAL NO. 10413 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32064 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20164 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
AMAN & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 10414 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32065 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20437 OF 2016 ]
WITH
CIVIL APPEAL NO. 10415 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32066 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20526 OF 2016 ]
WITH
CIVIL APPEAL NO. 10416 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32067 OF 2016 ] [@ SPECIAL LEAVE PETITION (C)……CC NO. 20649 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 27, 2016.
