Latest Judgments

Delhi Development Authority v. Rajinder Prasad & Ors.

Land Acquisition and Requisition — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Ss. 11 and 24(2) — Held, on facts, liberty granted to appellants to initiate fresh acquisition proceedings within a period of one year — If proceeding not initiated then appellant directed to return the physical possession of the land to the original land owner

(Kurian Joseph and Rohinton Fali Nariman, JJ.)


 


Delhi Development Authority _________________________ Appellant


 


v.


 


Rajinder Prasad & Ors. ___________________________ Respondent(s)


 


Civil Appeal No. 8506 of 2016 [Arising out of SLP (Civil) No. 17714 of 2015], 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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