Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11855 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 8771 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
HARISH SAWHNEY & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. This is a case where transfer is made after
Section 4(1) Notification under The Land Acquisition
Act, 1894, but prior to Section 6(1) Declaration.
3. This appeal is, accordingly, dismissed.
4. 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
JUDGMENT
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
appellant, if in possession, shall return the
physical possession of the land to the owner.
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Pending applications, if any, stand disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
November 29, 2016.
JUDGMENT
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