DELHI DEVELOPMENT AUTHORITY Vs. NAFE SINGH and ORS.
EmailAppeal: CIVIL APPEAL NO. 10431 OF 2016
Petitioner: DELHI DEVELOPMENT AUTHORITY
Respondent: NAFE SINGH and ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Oct 28, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10431 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32179 OF 2016 ] [ @ SPECIAL LEAVE PETITION (C)…..CC. NO. 19459 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
NAFE SINGH & ORS. Respondent(s)
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. This appeal is, accordingly, dismissed. 5. 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.
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 28, 2016.
CIVIL APPEAL NO. 10431 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 32179 OF 2016 ] [ @ SPECIAL LEAVE PETITION (C)…..CC. NO. 19459 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
NAFE SINGH & ORS. Respondent(s)
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. This appeal is, accordingly, dismissed. 5. 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.
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 28, 2016.
