(Kurian Joseph and Rohinton Fali Nariman, JJ.)
Delhi Development Authority _________________________ Appellant
v.
Santosh Sharma & Anr. ___________________________ Respondent(s)
Civil Appeal No. 8540 of 2016 [Arising out of SLP (Civil) No. 24960 of 2015], decided on August 31, 2016
With
Civil Appeal No. 8729 of 2016 [Arising out of SLP (Civil) No. 11390 of 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. These appeals are, 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(s). 24960/2015
Delhi Development Authority __________________________ Petitioner
v.
Santosh Sharma & Anr ____________________________ Respondent(s)
With SLP (Civil) No. 11390/2016
Date: 31/08/2016 These petitions were called on for hearing today.
(Before Kurian Joseph and Rohinton Fali Nariman, JJ.)
For Petitioner(s) Mr. Amrendra Sharan, Sr. Adv.
Ms. Binu Tamta, Adv.
Mr. Dhruv Tamta, Adv.
For Respondent(s) Mr. Rajiv Dutta, Sr. Adv.
Mr. Bankey Bihari, Adv.
Mr. Pankaj Sharma, Adv.
Mr. Shitiz Agnihotri, Adv.
Mr. R.K. Rathore, Adv.
For Mr. D. S. Mahra, Adv.
UPON hearing the counsel the Court made the following
Order
7. SLP (Civil) No. 11390/2016 is taken on Board.
8. Leave granted.
9. The appeals are dismissed in terms of the non-reportable judgment.
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