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Govt. of NCT of Delhi through the Principal Secretary Land and Building Department and Anr. v. Rajbir Singh and Ors.

Leave granted.

(Kurian Joseph and C. Nagappan, JJ.)


 


Govt. of NCT of Delhi through the Principal Secretary Land and Building Department and Anr. ___________________ Appellant(s)


 


v.


 


Rajbir Singh and Ors. ____________________________ Respondent(s)


 


Civil Appeal No. 8724 of 2016 [Arising out of S.L.P. (Civil) No. 23091 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. 23091/2016


 


Govt. of NCT of Delhi through the Principal Secreatary Land and Building Department and Anr ________________________ Petitioner(s)


 


v.


 


Rajbir Singh 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. Rachana Srivastava, Adv.


 


Ms. Monika, Adv.


 


Mr. Sukrit R. Kapoor, Adv.


 


For Respondent(s) Mr. S. Ramesh, Adv.


 


Mr. Mohan Lal Sharma, 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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