Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9719 OF 2016
(@ SPECIAL LEAVE PETITION (C) No 28376 Of 2016)
(Arising out of CC No. 14007 of 2016)
DELHI DEVELOPMENT AUTHORITY APPELLANT
VERSUS
HARI PRAKASH AND ORS. RESPONDENTS
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is before this Court aggrieved by
the declaration that the entire land acquisition
proceedings have lapsed in view of the operation of
Section 24 (2) of The Right to Fair Compensation and
JUDGMENT
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as
“2013 Act”).
3. The learned counsel appearing for Delhi
Development Authority (DDA), on instruction, fairly
concedes that as far as the land measuring 01 bighas
09 biswas belonging to Respondent No. 1 is concerned,
the possession has not been taken by the DDA and
compensation has not been paid, though the award had
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been passed as far back as in 2004. In that view of
the matter, we see no reason to interfere with the
impugned judgment of the High Court.
4. However, the declaration as above and the
consequent dismissal of this appeal is without
prejudice to the liberty available to the appellant
to initiate proceedings afresh for the acquisition of
the subject land under the provisions of the 2013
Act.
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 2013 Act for initiation of the acquisition
proceedings afresh.
5. In that view of the matter, the appeal is
dismissed. There shall be no order as to costs.
......................J.
[KURIAN JOSEPH ]
JUDGMENT
.......................J.
[ ROHINTON FALI NARIMAN ]
NEW DELHI
SEPTEMBER 26, 2016.
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