GOVT. OF NCT OF DELHI AND ORS Vs. KARTAR SINGH and ORS.
EmailAppeal: CIVIL APPEAL NO. 11856 OF 2016
Petitioner: GOVT. OF NCT OF DELHI AND ORS
Respondent: KARTAR SINGH and ORS.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Nov 29, 2016
JUDGEMENT:
NON CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11856 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 14702 OF 2015 ]
GOVT. OF NCT OF DELHI AND ORS. APPELLANT (s)
VERSUS
KARTAR SINGH & ORS. RESPONDENT(s)
WITH
CIVIL APPEAL NO. 11858 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26528 OF 2015 ]
CIVIL APPEAL NO. 11860 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28848 OF 2015 ]
CIVIL APPEAL NO. 11862 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11387 OF 2016 ]
CIVIL APPEAL NO. 11864 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 17320 OF 2016 ]
CIVIL APPEAL NO. 11863 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11347 OF 2016 ]
CIVIL APPEAL NO. 11861 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11402 OF 2016 ]
CIVIL APPEAL NO. 11857 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 17300 OF 2016 ]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue, in principle, is covered against the appellants 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. The appeals filed by the requisitioning authority, namely the Delhi Development Authority, have already been dismissed by this Court. 3. These appeals are, accordingly, dismissed. 4. In the peculiar facts and circumstances of these cases, the appellants are 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 appellants, 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; November 29, 2016.
CIVIL APPEAL NO. 11856 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 14702 OF 2015 ]
GOVT. OF NCT OF DELHI AND ORS. APPELLANT (s)
VERSUS
KARTAR SINGH & ORS. RESPONDENT(s)
WITH
CIVIL APPEAL NO. 11858 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 26528 OF 2015 ]
CIVIL APPEAL NO. 11860 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 28848 OF 2015 ]
CIVIL APPEAL NO. 11862 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11387 OF 2016 ]
CIVIL APPEAL NO. 11864 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 17320 OF 2016 ]
CIVIL APPEAL NO. 11863 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11347 OF 2016 ]
CIVIL APPEAL NO. 11861 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 11402 OF 2016 ]
CIVIL APPEAL NO. 11857 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 17300 OF 2016 ]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue, in principle, is covered against the appellants 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. The appeals filed by the requisitioning authority, namely the Delhi Development Authority, have already been dismissed by this Court. 3. These appeals are, accordingly, dismissed. 4. In the peculiar facts and circumstances of these cases, the appellants are 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 appellants, 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; November 29, 2016.
