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Delhi Development Authority v. Harkishan and Ors.

Land Acquisition and Requisition — Acquisition proceedings — Lapse of — Initiation of proceeding afresh — Considering facts and circumstances, Appellant/DDA given one year time period to exercise its liberty granted u/s. 24(2) of Act by issuing fresh notification — Physical possession of land to be returned to land owner in the event of failure to initiate fresh acquisition proceedings within stipulated time — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Ss. 24(2) and 11 (Paras 4 and 5)

(Kurian Joseph and C. Nagappan, JJ.)

 

Delhi Development Authority _________________________ Appellant

 

v.

 

Harkishan and Ors. _______________________________ Respondent(s)

 

Civil Appeal No. 8644 of 2016 [Arising out of S.L.P. (Civil) No. 2546 of 2016], 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.

 

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