GOVERNMENT OF NCT OF DELHI AND ANR Vs. SATISH KUMAR AGGARWAL AND ORS.

Appeal: CIVIL APPEAL NO. 8935 OF 2016

Petitioner: GOVERNMENT OF NCT OF DELHI AND ANR

Respondent: SATISH KUMAR AGGARWAL AND ORS.

Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN

Date of Judgment: Sep 08, 2016

NON CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8935 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 18475 OF 2015 ]
GOVERNMENT OF NCT OF DELHI AND ANR. APPELLANT (s)
VERSUS
SATISH KUMAR AGGARWAL AND ORS. RESPONDENT(s)
WITH
CIVIL APPEAL NO. 8936 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 18483 OF 2015 ]
CIVIL APPEAL NO. 8937 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19550 OF 2015 ]
CIVIL APPEAL NO. 8938 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19552 OF 2015 ]
CIVIL APPEAL NO. 8939 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19556 OF 2015 ]
CIVIL APPEAL NO. 8940 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19558 OF 2015 ]
CIVIL APPEAL NO. 8941 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19562 OF 2015 ]
CIVIL APPEAL NO. 8942 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19567 OF 2015 ]
CIVIL APPEAL NO. 8943 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19569 OF 2015 ]
CIVIL APPEAL NO. 8944 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19573 OF 2015 ]
CIVIL APPEAL NO. 8945 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 19769 OF 2015 ]
CIVIL APPEAL NO. 8946 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22986 OF 2015 ]
CIVIL APPEAL NO. 8947 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22987 OF 2015 ]
CIVIL APPEAL NO. 8948 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22989 OF 2015 ]
CIVIL APPEAL NO. 8949 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22992 OF 2015 ]
CIVIL APPEAL NO. 8950 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 22993 OF 2015 ]
CIVIL APPEAL NO. 8951 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 24976 OF 2015 ]
CIVIL APPEAL NO. 8952 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26112 OF 2015 ]
CIVIL APPEAL NO. 8953 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26530 OF 2015 ]
CIVIL APPEAL NO. 8954 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26537 OF 2015 ]
CIVIL APPEAL NO. 8955 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26542 OF 2015 ]
CIVIL APPEAL NO. 8956 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 27284 OF 2015 ]
CIVIL APPEAL NO. 8957 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 27406 OF 2015 ]
CIVIL APPEAL NO. 8958 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 27530 OF 2015 ]
CIVIL APPEAL NO. 8959 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28301 OF 2015 ]
CIVIL APPEAL NO. 8960 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28302 OF 2015 ]
CIVIL APPEAL NO. 8961 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28303 OF 2015 ]
CIVIL APPEAL NO. 8962 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28744 OF 2015 ]
CIVIL APPEAL NO. 8963 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28776 OF 2015 ]
CIVIL APPEAL NO. 8964 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28844 OF 2015 ]
CIVIL APPEAL NO. 8965 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28846 OF 2015 ]
CIVIL APPEAL NO. 8966 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30159 OF 2015 ]
CIVIL APPEAL NO. 8967 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30160 OF 2015 ]
CIVIL APPEAL NO. 8969 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30162 OF 2015 ]
CIVIL APPEAL NO. 8970 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30163 OF 2015 ]
CIVIL APPEAL NO. 8971 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30177 OF 2015 ]
CIVIL APPEAL NO. 8972 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30180 OF 2015 ]
CIVIL APPEAL NO. 8973 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30181 OF 2015 ]
CIVIL APPEAL NO. 8974 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30209 OF 2015 ]
CIVIL APPEAL NO. 8975 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 30272 OF 2015 ]
CIVIL APPEAL NO. 8976 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31682 OF 2015 ]
CIVIL APPEAL NO. 8977 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 31689 OF 2015 ]
CIVIL APPEAL NO. 8978 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7734 OF 2016)
CIVIL APPEAL NO. 8979 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7736 OF 2016)
CIVIL APPEAL NO. 8980 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7737 OF 2016]
CIVIL APPEAL NO. 8981 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7742 OF 2016]
CIVIL APPEAL NO. 8982 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7743 OF 2016]
CIVIL APPEAL NO. 8986 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7745 OF 2016]
CIVIL APPEAL NO. 8987 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7746 OF 2016]
CIVIL APPEAL NO. 8988 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7752 OF 2016]
CIVIL APPEAL NO. 8989 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7753 OF 2016]
CIVIL APPEAL NO. 8990 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7755 OF 2016]
CIVIL APPEAL NO. 8991 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7758 OF 2016]
CIVIL APPEAL NO. 8992 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 8064 OF 2016]
CIVIL APPEAL NO. 8993 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 8748 OF 2016]
CIVIL APPEAL NO. 8994 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 9181 OF 2016]
CIVIL APPEAL NO. 8995 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11286 OF 2016]
CIVIL APPEAL NO. 8996 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11293 OF 2016]
CIVIL APPEAL NO. 8997 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11298 OF 2016]
CIVIL APPEAL NO. 8998 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11337 OF 2016]
CIVIL APPEAL NO. 8999 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11343 OF 2016]
CIVIL APPEAL NO. 9000 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11344 OF 2016]
CIVIL APPEAL NO. 9001 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11348 OF 2016]
CIVIL APPEAL NO. 9002 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11350 OF 2016]
CIVIL APPEAL NO. 9003 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11353 OF 2016]
CIVIL APPEAL NO. 9004 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11359 OF 2016]
CIVIL APPEAL NO. 9006 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11362 OF 2016]
CIVIL APPEAL NO. 9007 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11363 OF 2016]
CIVIL APPEAL NO. 9008 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11365 OF 2016]
CIVIL APPEAL NO. 9009 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11366 OF 2016]
CIVIL APPEAL NO. 9010 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11367 OF 2016]
CIVIL APPEAL NO. 9011 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11368 OF 2016]
CIVIL APPEAL NO. 9012 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11369 OF 2016]
CIVIL APPEAL NO. 9013 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11370 OF 2016]
CIVIL APPEAL NO. 9014 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11374 OF 2016]
CIVIL APPEAL NO. 9015 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11377 OF 2016]
CIVIL APPEAL NO. 9016 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11378 OF 2016]
CIVIL APPEAL NO. 9017 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11379 OF 2016]
CIVIL APPEAL NO. 9019 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11382 OF 2016]
CIVIL APPEAL NO. 9021 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11384 OF 2016]
CIVIL APPEAL NO. 9022 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11385 OF 2016]
CIVIL APPEAL NO. 9023 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11386 OF 2016]
CIVIL APPEAL NO. 9024 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11388 OF 2016]
CIVIL APPEAL NO. 9025 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11389 OF 2016]
CIVIL APPEAL NO. 9026 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11391 OF 2016]
CIVIL APPEAL NO. 9027 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11392 OF 2016]
CIVIL APPEAL NO. 9028 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11395 OF 2016]
CIVIL APPEAL NO. 9029 OF 2016 (Arising out of S.L.P.(C) No.11396 OF 2016]
CIVIL APPEAL NO. 9030 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11401 OF 2016]
CIVIL APPEAL NO. 9031 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11403 OF 2016]
CIVIL APPEAL NO. 9032 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11405 OF 2016]
CIVIL APPEAL NO. 9033 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11406 OF 2016]
CIVIL APPEAL NO. 9034 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11407 OF 2016]
CIVIL APPEAL NO. 9035 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11408 OF 2016]
CIVIL APPEAL NO. 9036 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11409 OF 2016]
CIVIL APPEAL NO. 9037 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11412 OF 2016]
CIVIL APPEAL NO. 9038 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11415 OF 2016]
CIVIL APPEAL NO. 9039 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11416 OF 2016]
CIVIL APPEAL NO. 9040 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11421 OF 2016]
CIVIL APPEAL NO. 9041 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11424 OF 2016]
CIVIL APPEAL NO. 9042 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11432 OF 2016]
CIVIL APPEAL NO. 9044 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11437 OF 2016]
CIVIL APPEAL NO. 9045 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11443 OF 2016]
CIVIL APPEAL NO. 9046 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11444 OF 2016]
CIVIL APPEAL NO. 9047 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11451 OF 2016]
CIVIL APPEAL NO. 9048 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11456 OF 2016]
CIVIL APPEAL NO. 9049 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11468 OF 2016]
CIVIL APPEAL NO. 9050 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11469 OF 2016]
CIVIL APPEAL NO. 9051 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11470 OF 2016]
CIVIL APPEAL NO. 9052 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11472 OF 2016]
CIVIL APPEAL NO. 9053 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26827 OF 2016) (CC No. 14258)
CIVIL APPEAL NO. 9054 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 16489 OF 2016]
CIVIL APPEAL NO. 9055 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 17313 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 judgment in Civil Appeal No. 8477 of 2016 arising out of Special Leave Petition(C) No. 8467 of 2015. The appeals filed by the requisitioning authority, namely the Delhi Development Authority, have already been dismissed by this Court. 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. 7. Pending applications, if any, stand disposed of. No costs.
…………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; September 08, 2016.