Latest Judgments

Delhi Development Authority v. Lajinder Singh & Ors.

Delay condoned.

(Kurian Joseph and Rohinton Fali Nariman, JJ.)


 


Civil Appeal No. 12248 of 2016 [Arising from Special Leave Petition (C) No. 37156 of 2016] [Arising from Special Leave Petition (C)…..CC. No. 24058 of 2016]


 


Delhi Development Authority __________________________ Appellant


 


v.


 


Lajinder Singh & Ors. ____________________________ Respondent(s)


 


With


 


Civil Appeal No. 12249 of 2016 [Arising from Special Leave Petition (C) No. 37157 of 2016] [Arising from Special Leave Petition (C)…..CC. No. 24539 of 2016]


 


Delhi Development Authority ________________________ Appellant


 


v.


 


Sanjay and Anr. _________________________________ Respondent(s)


 


Civil Appeal No. 12248 of 2016 [Arising from Special Leave Petition (C) No. 37156 of 2016] [Arising from Special Leave Petition (C)…..CC. No. 24058 of 2016] and Civil Appeal No. 12249 of 2016 [Arising from Special Leave Petition (C) No. 37157 of 2016] [Arising from Special Leave Petition (C)…..CC. No. 24539 of 2016], decided on December 16, 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 owner.


 


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


 


8. No costs.


 


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