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Delhi Development Authority Vs. S.K. Garg and Ors. - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
AppellantDelhi Development Authority
RespondentS.K. Garg and Ors.
Excerpt:
.....conclusion within the period permitted under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013.4. therefore, these appeals are dismissed.5. however, 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 11 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013, if it is so advised, for acquisition 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.....
Judgment:

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10806 OF2016[@ SPECIAL LEAVE PETITION (C) No.33306 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.20805 OF2016]. DELHI DEVELOPMENT AUTHORITY Appellant(s) VERSUS S. K. GARG & ORS. Respondent(s) WITH CIVIL APPEAL No.10810-11 OF2016[@ SPECIAL LEAVE PETITION (C) No.33314-15 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.18866-18867 OF2016]. CIVIL APPEAL No.10812 OF2016[@ SPECIAL LEAVE PETITION (C) No.33316 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.18777 OF2016]. CIVIL APPEAL No.10813-14 OF2016[@ SPECIAL LEAVE PETITION (C) No.33317-18 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.19068-19069 OF2016]. CIVIL APPEAL No.10816 OF2016[@ SPECIAL LEAVE PETITION (C) No.33319 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.19545 OF2016]. CIVIL APPEAL No.10817-18 OF2016[@ SPECIAL LEAVE PETITION (C) No.33322-23 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.19553-19554 OF2016]. CIVIL APPEAL No.10819 OF2016[@ SPECIAL LEAVE PETITION (C) No.33324 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.16079 OF2016]. CIVIL APPEAL No.10820 OF2016[@ SPECIAL LEAVE PETITION (C) No.33325 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.20177 OF2016]. CIVIL APPEAL No.10821-22 OF2016[@ SPECIAL LEAVE PETITION (C) No.33326 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.20763-20764 OF2016]. CIVIL APPEAL No.10823 OF2016[@ SPECIAL LEAVE PETITION (C) No.33328 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.21029 OF2016]. CIVIL APPEAL No.10808-09 OF2016[@ SPECIAL LEAVE PETITION (C) No.33310-11 OF2016]. [ @ SPECIAL LEAVE PETITION (C).....CC. No.21019-21020 OF2016].

JUDGMENT

KURIAN, J.

1. Delay condoned.

2. Leave granted.

3. On the facts of these cases, it is not disputed that the proceedings have lapsed since the acquisition proceedings have not been taken to their logical conclusion within the period permitted under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. Therefore, these appeals are dismissed.

5. However, 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 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if it is so advised, for acquisition 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. Pending applications, if any, stand disposed of. No costs. .......................J.

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

[ ROHINTON FALI NARIMAN ]. New Delhi; November 11, 2016.


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