Latest Judgments

Delhi Development Authority v. Anil Kumar Jain & Ors.

Special Leave Petition(C) No. 30187 of 2015 is taken on board.

(Kurian Joseph and C. Nagappan, JJ.)


 


Delhi Development Authority _________________________ Appellant


 


v.


 


Anil Kumar Jain & Ors. ___________________________ Respondent(s)


 


Civil Appeal No. 8616 of 2016 [Arising out of S.L.P. (Civil) No. 32639 of 2015], decided on August 31, 2016


 


 


With


 


Civil Appeal No. 9341 of 2016 [Arising out of S.L.P. (Civil) No. 30187 of 2015]


 


The Judgement of the Court was delivered by


Kurian, J.:—


 


1. Special Leave Petition(C) No. 30187 of 2015 is taken on board.


 


2. Leave granted.


 


3. 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.


 


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.


 


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


 


Petition(s) for Special Leave to Appeal (C) No. 32639/2015


 


Delhi Development Authority __________________________ Petitioner


 


v.


 


Anil Kumar Jain & Ors ____________________________ Respondent(s)


 


With


 


SLP(C) No. 30187/2015


 


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


 


(Before Kurian Joseph and C. Nagappan, JJ.)


 


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


 


Mr. Vishnu B. Saharya, Adv.


 


Mr. Viresh B. Saharya, Adv.


 


For M/s. Saharya & Co.


 


For Respondent(s) Mr. Atul Kumar, Adv.


 


Mr. Vikas Pandey, Adv.


 


Ms. Archana Kumari, Adv.


 


Mr. T. N. Singh, Adv.


 


Mr. Vikas K. Singh, Adv.


 


UPON hearing the counsel the Court made the following


 


Order


 


8. SLP(C) No. 30187 of 2015 is taken on board.


 


9. Leave granted in SLP(C) Nos. 32639/2015 & SLP(C) No. 30187/2015.


 


10. These appeals are dismissed in terms of the signed non-reportable judgment.


 


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


 


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