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Delhi Development Authority v. Ajit Singh & Ors.

Land Acquisition and Requisition — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Disposed of reserving liberty for initiation of the acquisition proceedings afresh, and directing that physical possession of the land is to be returned to the original land owner if no fresh acquisition proceedings are initiated within one year

(Kurian Joseph and Rohinton Fali Nariman, JJ.)


 


Delhi Development Authority ________________________ Appellant


 


v.


 


Ajit Singh & Ors. ________________________________ Respondent(s)


 


Civil Appeal No. 8536 of 2016 [Arising out of SLP (Civil) No. 23751 of 2015], decided on August 31, 2016


 


The Judgement of the Court was delivered by


Kurian, J.:—


 


1. Leave granted.


 


2. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No. 8477 of 2016 arising out of Special Leave Petition (Civil) No. 8467 of 2015.


 


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 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 original land owner.


 


6. Pending applications, if any, stand disposed of.


 


Petition(s) for Special Leave to Appeal (C) No(s). 23751/2015


 


Delhi Development Authority _______________________ Petitioner


 


v.


 


Ajit Singh & Ors _____________________________ Respondent(s)


 


Date: 31/08/2016 This petition was called on for hearing today.


 


(Before Kurian Joseph and Rohinton Fali Nariman, JJ.)


 


For Petitioner(s) Mr. Amrendra Sharna, Sr. Adv.


 


Mr. Vishnu B. Saharya, Adv.


 


Mr. Viresh Saharya, Adv.


 


For M/s. Saharya & Co., Advs.


 


For Respondent(s)


 


UPON hearing the counsel the Court made the following


 


Order


 


7. Leave granted.


 


8. The appeal is dismissed in terms of the non-reportable judgment.


 


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