(Kurian Joseph and Rohinton Fali Nariman, JJ.)
Delhi Development Authority ________________________ Appellant
v.
Hans Raj and Ors. _______________________________ Respondent(s)
Civil Appeal No. 11967 of 2016 [Arising from Special Leave Petition (C) No. 36178 of 2016] [Arising from Special Leave Petition CC. No. 22629/2016], decided on December 5, 2016
With
Civil Appeal No. 11968 of 2016 [Arising From Special Leave Petition (C) No. 36179 of 2016] [Arising from Special Leave Petition CC. No. 22848/2016]
The Judgement of the Court was delivered by
Kurian, J.:—
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.
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 owners.
7. Pending applications, if any, stand disposed of.
8. No costs.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)……/2016
(CC No(s). 22629/2016)
(Arising out of impugned final judgment and order dated 15/12/2015 in WPC No. 325/2015 passed by the High Court of Delhi at New Delhi)
Delhi Development Authority.….Petitioner(s)
v.
Hans Raj and Ors.….Respondent(s)
(With appln. (s) for c/delay in filing SLP and office report)
WITH
SLP(C)…CC No. 22848/2016
(With (With appln.(s) for c/delay in refiling SLP and c/delay in filing SLP and Office Report)
SLP(C)…CC No. 23021/2016
(With appln.(s) for c/delay in filing SLP and Office Report)
SLP(C)…CC No. 23454/2016
(With appln.(s) for c/delay in filing SLP, c/delay in refiling SLP and Office Report)
Date : 05/12/2016 These petitions were called on for hearing today.
(Before Kurian Joseph and Rohinton Fali Nariman, JJ.)
For Petitioner(s) Mr. Vishnu B. Saharya, Adv.
Mr. Viresh B. Saharya, Adv.
For M/s. Saharya & Co.
Ms. Garima Prashad, Adv.
Mr. Mohan Lal Sharma, Adv.
Ms. Shikha Sharma, Adv.
Mr. Uday B. W., Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
C.A. NO…….@ SLP(C) NO……..@ CC NO. 22629/2016 & C.A. NO…….@ SLP(C) NO……..@ CC NO. 22848/2016
9. Delay condoned.
10. Leave granted.
11. The appeals are dismissed in terms of the signed judgment.
CC No. 23021 of 2016
12. Delay condoned.
13. It is submitted that it is a case of subsequent purchaser, therefore, Issue notice.
CC No. 23454 of 2016
14. Delay condoned.
15. It is submitted that after acquisition proceedings could not be completed on account of the interim orders, therefore, issue notice.
16. Post after the Reference before the Three-Judge Bench is answered.
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