Latest Judgments

Delhi Development Authority v. Shamim Qureshi and Ors.

Land Acquisition and Requisition — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(2) — For initiation of acquisition proceedings afresh — Period of 1 year given — When no fresh acquisition proceedings are initiated within the said period — Consequence — Held, appellant shall return the physical possession of the land to the original land owner    
                                                                                           (Paras 4 and 5)

(Kurian Joseph and C. Nagappan, JJ.)


 


Delhi Development Authority __________________________ Appellant


 


v.


 


Shamim Qureshi and Ors. __________________________ Respondent(s)


 


Civil Appeal No. 8653 of 2016 [Arising out of S.L.P. (Civil) No. 7008 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.


 


———


 


 

Exit mobile version