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Government of Nct of Delhi and Anr. Vs. Satish Kumar Aggarwal and Ors. - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
AppellantGovernment of Nct of Delhi and Anr.
RespondentSatish Kumar Aggarwal and Ors.
Excerpt:
.....arising out of special leave petition(c) no.8467 of 2015. the appeals filed by the requisitioning authority, namely the delhi development authority, have already been dismissed by this court.4. these appeals are, accordingly, dismissed.5. in the peculiar facts and circumstances of these cases, 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.6. 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.....
Judgment:

NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8935 OF2016[@ SPECIAL LEAVE PETITION (C) No.18475 OF2015]. GOVERNMENT OF NCT OF DELHI AND ANR. APPELLANT (s) VERSUS SATISH KUMAR AGGARWAL AND ORS. RESPONDENT(s) WITH CIVIL APPEAL No.8936 OF2016[@ SPECIAL LEAVE PETITION (C) No.18483 OF2015]. CIVIL APPEAL No.8937 OF2016[@ SPECIAL LEAVE PETITION (C) No.19550 OF2015]. CIVIL APPEAL No.8938 OF2016[@ SPECIAL LEAVE PETITION (C) No.19552 OF2015]. CIVIL APPEAL No.8939 OF2016[@ SPECIAL LEAVE PETITION (C) No.19556 OF2015]. CIVIL APPEAL No.8940 OF2016[@ SPECIAL LEAVE PETITION (C) No.19558 OF2015]. CIVIL APPEAL No.8941 OF2016[@ SPECIAL LEAVE PETITION (C) No.19562 OF2015]. CIVIL APPEAL No.8942 OF2016[@ SPECIAL LEAVE PETITION (C) No.19567 OF2015]. CIVIL APPEAL No.8943 OF2016[@ SPECIAL LEAVE PETITION (C) No.19569 OF2015]. CIVIL APPEAL No.8944 OF2016[@ SPECIAL LEAVE PETITION (C) No.19573 OF2015]. CIVIL APPEAL No.8945 OF2016[@ SPECIAL LEAVE PETITION (C) No.19769 OF2015]. CIVIL APPEAL No.8946 OF2016[@ SPECIAL LEAVE PETITION (C) No.22986 OF2015]. CIVIL APPEAL No.8947 OF2016[@ SPECIAL LEAVE PETITION (C) No.22987 OF2015]. CIVIL APPEAL No.8948 OF2016[@ SPECIAL LEAVE PETITION (C) No.22989 OF2015]. CIVIL APPEAL No.8949 OF2016[@ SPECIAL LEAVE PETITION (C) No.22992 OF2015]. CIVIL APPEAL No.8950 OF2016[@ SPECIAL LEAVE PETITION (C) No.22993 OF2015]. CIVIL APPEAL No.8951 OF2016[@ SPECIAL LEAVE PETITION (C) No.24976 OF2015]. CIVIL APPEAL No.8952 OF2016[@ SPECIAL LEAVE PETITION (C) No.26112 OF2015]. CIVIL APPEAL No.8953 OF2016[@ SPECIAL LEAVE PETITION (C) No.26530 OF2015]. CIVIL APPEAL No.8954 OF2016[@ SPECIAL LEAVE PETITION (C) No.26537 OF2015]. CIVIL APPEAL No.8955 OF2016[@ SPECIAL LEAVE PETITION (C) No.26542 OF2015]. CIVIL APPEAL No.8956 OF2016[@ SPECIAL LEAVE PETITION (C) No.27284 OF2015]. CIVIL APPEAL No.8957 OF2016[@ SPECIAL LEAVE PETITION (C) No.27406 OF2015]. CIVIL APPEAL No.8958 OF2016[@ SPECIAL LEAVE PETITION (C) No.27530 OF2015]. CIVIL APPEAL No.8959 OF2016[@ SPECIAL LEAVE PETITION (C) No.28301 OF2015]. CIVIL APPEAL No.8960 OF2016[@ SPECIAL LEAVE PETITION (C) No.28302 OF2015]. CIVIL APPEAL No.8961 OF2016[@ SPECIAL LEAVE PETITION (C) No.28303 OF2015]. CIVIL APPEAL No.8962 OF2016[@ SPECIAL LEAVE PETITION (C) No.28744 OF2015]. CIVIL APPEAL No.8963 OF2016[@ SPECIAL LEAVE PETITION (C) No.28776 OF2015]. CIVIL APPEAL No.8964 OF2016[@ SPECIAL LEAVE PETITION (C) No.28844 OF2015]. CIVIL APPEAL No.8965 OF2016[@ SPECIAL LEAVE PETITION (C) No.28846 OF2015]. CIVIL APPEAL No.8966 OF2016[@ SPECIAL LEAVE PETITION (C) No.30159 OF2015]. CIVIL APPEAL No.8967 OF2016[@ SPECIAL LEAVE PETITION (C) No.30160 OF2015]. CIVIL APPEAL No.8969 OF2016[@ SPECIAL LEAVE PETITION (C) No.30162 OF2015]. CIVIL APPEAL No.8970 OF2016[@ SPECIAL LEAVE PETITION (C) No.30163 OF2015]. CIVIL APPEAL No.8971 OF2016[@ SPECIAL LEAVE PETITION (C) No.30177 OF2015]. CIVIL APPEAL No.8972 OF2016[@ SPECIAL LEAVE PETITION (C) No.30180 OF2015]. CIVIL APPEAL No.8973 OF2016[@ SPECIAL LEAVE PETITION (C) No.30181 OF2015]. CIVIL APPEAL No.8974 OF2016[@ SPECIAL LEAVE PETITION (C) No.30209 OF2015]. CIVIL APPEAL No.8975 OF2016[@ SPECIAL LEAVE PETITION (C) No.30272 OF2015]. CIVIL APPEAL No.8976 OF2016[@ SPECIAL LEAVE PETITION (C) No.31682 OF2015]. CIVIL APPEAL No.8977 OF2016[@ SPECIAL LEAVE PETITION (C) No.31689 OF2015]. CIVIL APPEAL No.8978 OF2016[@ SPECIAL LEAVE PETITION (C) No.7734 OF2016 CIVIL APPEAL No.8979 OF2016[@ SPECIAL LEAVE PETITION (C) No.7736 OF2016 CIVIL APPEAL No.8980 OF2016[@ SPECIAL LEAVE PETITION (C) No.7737 OF2016 CIVIL APPEAL No.8981 OF2016[@ SPECIAL LEAVE PETITION (C) No.7742 OF2016 CIVIL APPEAL No.8982 OF2016[@ SPECIAL LEAVE PETITION (C) No.7743 OF2016 CIVIL APPEAL No.8986 OF2016[@ SPECIAL LEAVE PETITION (C) No.7745 OF2016 CIVIL APPEAL No.8987 OF2016[@ SPECIAL LEAVE PETITION (C) No.7746 OF2016 CIVIL APPEAL No.8988 OF2016[@ SPECIAL LEAVE PETITION (C) No.7752 OF2016 CIVIL APPEAL No.8989 OF2016[@ SPECIAL LEAVE PETITION (C) No.7753 OF2016 CIVIL APPEAL No.8990 OF2016[@ SPECIAL LEAVE PETITION (C) No.7755 OF2016 CIVIL APPEAL No.8991 OF2016[@ SPECIAL LEAVE PETITION (C) No.7758 OF2016 CIVIL APPEAL No.8992 OF2016[@ SPECIAL LEAVE PETITION (C) No.8064 OF2016 CIVIL APPEAL No.8993 OF2016[@ SPECIAL LEAVE PETITION (C) No.8748 OF2016 CIVIL APPEAL No.8994 OF2016[@ SPECIAL LEAVE PETITION (C) No.9181 OF2016 CIVIL APPEAL No.8995 OF2016[@ SPECIAL LEAVE PETITION (C) No.11286 OF2016 CIVIL APPEAL No.8996 OF2016[@ SPECIAL LEAVE PETITION (C) No.11293 OF2016 CIVIL APPEAL No.8997 OF2016[@ SPECIAL LEAVE PETITION (C) No.11298 OF2016 CIVIL APPEAL No.8998 OF2016[@ SPECIAL LEAVE PETITION (C) No.11337 OF2016 CIVIL APPEAL No.8999 OF2016[@ SPECIAL LEAVE PETITION (C) No.11343 OF2016 CIVIL APPEAL No.9000 OF2016[@ SPECIAL LEAVE PETITION (C) No.11344 OF2016 CIVIL APPEAL No.9001 OF2016[@ SPECIAL LEAVE PETITION (C) No.11348 OF2016 CIVIL APPEAL No.9002 OF2016[@ SPECIAL LEAVE PETITION (C) No.11350 OF2016 CIVIL APPEAL No.9003 OF2016[@ SPECIAL LEAVE PETITION (C) No.11353 OF2016 CIVIL APPEAL No.9004 OF2016[@ SPECIAL LEAVE PETITION (C) No.11359 OF2016 CIVIL APPEAL No.9006 OF2016[@ SPECIAL LEAVE PETITION (C) No.11362 OF2016 CIVIL APPEAL No.9007 OF2016[@ SPECIAL LEAVE PETITION (C) No.11363 OF2016 CIVIL APPEAL No.9008 OF2016[@ SPECIAL LEAVE PETITION (C) No.11365 OF2016 CIVIL APPEAL No.9009 OF2016[@ SPECIAL LEAVE PETITION (C) No.11366 OF2016 CIVIL APPEAL No.9010 OF2016[@ SPECIAL LEAVE PETITION (C) No.11367 OF2016 CIVIL APPEAL No.9011 OF2016[@ SPECIAL LEAVE PETITION (C) No.11368 OF2016 CIVIL APPEAL No.9012 OF2016[@ SPECIAL LEAVE PETITION (C) No.11369 OF2016 CIVIL APPEAL No.9013 OF2016[@ SPECIAL LEAVE PETITION (C) No.11370 OF2016 CIVIL APPEAL No.9014 OF2016[@ SPECIAL LEAVE PETITION (C) No.11374 OF2016 CIVIL APPEAL No.9015 OF2016[@ SPECIAL LEAVE PETITION (C) No.11377 OF2016 CIVIL APPEAL No.9016 OF2016[@ SPECIAL LEAVE PETITION (C) No.11378 OF2016 CIVIL APPEAL No.9017 OF2016[@ SPECIAL LEAVE PETITION (C) No.11379 OF2016 CIVIL APPEAL No.9019 OF2016[@ SPECIAL LEAVE PETITION (C) No.11382 OF2016 CIVIL APPEAL No.9021 OF2016[@ SPECIAL LEAVE PETITION (C) No.11384 OF2016 CIVIL APPEAL No.9022 OF2016[@ SPECIAL LEAVE PETITION (C) No.11385 OF2016 CIVIL APPEAL No.9023 OF2016[@ SPECIAL LEAVE PETITION (C) No.11386 OF2016 CIVIL APPEAL No.9024 OF2016[@ SPECIAL LEAVE PETITION (C) No.11388 OF2016 CIVIL APPEAL No.9025 OF2016[@ SPECIAL LEAVE PETITION (C) No.11389 OF2016 CIVIL APPEAL No.9026 OF2016[@ SPECIAL LEAVE PETITION (C) No.11391 OF2016 CIVIL APPEAL No.9027 OF2016[@ SPECIAL LEAVE PETITION (C) No.11392 OF2016 CIVIL APPEAL No.9028 OF2016[@ SPECIAL LEAVE PETITION (C) No.11395 OF2016 CIVIL APPEAL No.9029 OF2016(Arising out of S.L.P.(C) No.11396 OF2016 CIVIL APPEAL No.9030 OF2016[@ SPECIAL LEAVE PETITION (C) No.11401 OF2016 CIVIL APPEAL No.9031 OF2016[@ SPECIAL LEAVE PETITION (C) No.11403 OF2016 CIVIL APPEAL No.9032 OF2016[@ SPECIAL LEAVE PETITION (C) No.11405 OF2016 CIVIL APPEAL No.9033 OF2016[@ SPECIAL LEAVE PETITION (C) No.11406 OF2016 CIVIL APPEAL No.9034 OF2016[@ SPECIAL LEAVE PETITION (C) No.11407 OF2016 CIVIL APPEAL No.9035 OF2016[@ SPECIAL LEAVE PETITION (C) No.11408 OF2016 CIVIL APPEAL No.9036 OF2016[@ SPECIAL LEAVE PETITION (C) No.11409 OF2016 CIVIL APPEAL No.9037 OF2016[@ SPECIAL LEAVE PETITION (C) No.11412 OF2016 CIVIL APPEAL No.9038 OF2016[@ SPECIAL LEAVE PETITION (C) No.11415 OF2016 CIVIL APPEAL No.9039 OF2016[@ SPECIAL LEAVE PETITION (C) No.11416 OF2016 CIVIL APPEAL No.9040 OF2016[@ SPECIAL LEAVE PETITION (C) No.11421 OF2016 CIVIL APPEAL No.9041 OF2016[@ SPECIAL LEAVE PETITION (C) No.11424 OF2016 CIVIL APPEAL No.9042 OF2016[@ SPECIAL LEAVE PETITION (C) No.11432 OF2016 CIVIL APPEAL No.9044 OF2016[@ SPECIAL LEAVE PETITION (C) No.11437 OF2016 CIVIL APPEAL No.9045 OF2016[@ SPECIAL LEAVE PETITION (C) No.11443 OF2016 CIVIL APPEAL No.9046 OF2016[@ SPECIAL LEAVE PETITION (C) No.11444 OF2016 CIVIL APPEAL No.9047 OF2016[@ SPECIAL LEAVE PETITION (C) No.11451 OF2016 CIVIL APPEAL No.9048 OF2016[@ SPECIAL LEAVE PETITION (C) No.11456 OF2016 CIVIL APPEAL No.9049 OF2016[@ SPECIAL LEAVE PETITION (C) No.11468 OF2016 CIVIL APPEAL No.9050 OF2016[@ SPECIAL LEAVE PETITION (C) No.11469 OF2016 CIVIL APPEAL No.9051 OF2016[@ SPECIAL LEAVE PETITION (C) No.11470 OF2016 CIVIL APPEAL No.9052 OF2016[@ SPECIAL LEAVE PETITION (C) No.11472 OF2016 CIVIL APPEAL No.9053 OF2016[@ SPECIAL LEAVE PETITION (C) No.26827 OF2016 (CC No.14258) CIVIL APPEAL No.9054 OF2016[@ SPECIAL LEAVE PETITION (C) No.16489 OF2016 CIVIL APPEAL No.9055 OF2016[@ SPECIAL LEAVE PETITION (C) No.17313 OF2016

JUDGMENT

KURIAN, J.

1. Delay condoned.

2. Leave granted.

3. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition(C) No.8467 of 2015. The appeals filed by the requisitioning authority, namely the Delhi Development Authority, have already been dismissed by this Court.

4. These appeals are, accordingly, dismissed.

5. In the peculiar facts and circumstances of these cases, 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.

6. 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.

7. Pending applications, if any, stand disposed of. No costs. .......................J.

[ KURIAN JOSEPH ]. .......................J.

[ ROHINTON FALI NARIMAN ]. New Delhi; September 08, 2016.


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