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Delhi Development Authority v. M/s. Band Box Pvt. Ltd. and Ors.

Leave granted.

(Kurian Joseph and C. Nagappan, JJ.)

 

Delhi Development Authority ________________________ Appellant(s)

 

v.

 

M/s. Band Box Pvt. Ltd. and Ors. ___________________ Respondent(s)

 

Civil Appeal No. 8697 of 2016 [Arising out of S.L.P. (Civil) No. 23211 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.

 

Petition(s) for Special Leave to Appeal (C) No. 23211/2016

 

Delhi Development Authority __________________________ Petitioner

 

v.

 

M/s. Band Box Pvt. Ltd. and Ors ____________________ Respondent(s)

 

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

 

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

 

For Petitioner(s) Ms. Binu Tamta, Adv.

 

Mr. Dhruv Tamta, Adv.

 

For Respondent(s) Dr. Sumant Bharadwaj, Adv.

 

Ms. Mridula Ray Bharadwaj, Adv.

 

Mr. Vikas Negi, Adv.

 

UPON hearing the counsel the Court made the following

 

Order

 

7. Leave granted.

 

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

 

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

 

———

 

 

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