Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10946 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO.34053 OF 2016 ]
[@ CC No.6403 of 2016]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
SURESH KR. GOEL AND ANR. Respondent(s)
WITH
CIVIL APPEAL NO.10986 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 34145 OF 2016 ]
[@ CC No.6557 of 2016]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
PREMADHAR MEMORIAL CHARITABLE TRUST
THROUGH ITS TRUSTEE AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
JUDGMENT
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.
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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.
JUDGMENT
No costs.
.....................J.
[KURIAN JOSEPH]
.......................J.
[ROHINTON FALI NARIMAN ]
New Delhi;
November 18, 2016.
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