Delhi Development Authority Vs. Suresh Kr. Goel and ANR.

[Civil Appeal No.10946 of 2016 @ Special Leave Petition (C) No.34053 of 2016 @ CC No.6403 of 2016]

Delhi Development Authority Vs. Premadhar Memorial Charitable Trust Through Its Trustee and Ors.

Civil Appeal No.10986 of 2016 @ Special Leave Petition (C) No. 34145 of 2016 @ CC No.6557 of 2016]

KURIAN, J.

1. Delay condoned.

1. Leave granted.

2. The issue, in principle, is covered against the appellant by judgments in Civil Appeal No. 8477 of 2016 arising out of Special Leave Petition (C) No. 8467 of 2015 and Civil Appeal No. 5811 of 2015 arising out of Special Leave Petition (C) No. 21545 of 2015.

3. These appeals are, accordingly, dismissed.

4. 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.

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.

Pending applications, if any, stand disposed of.

No costs.

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

.....................J. [ROHINTON FALI NARIMAN]

New Delhi;

November 18, 2016.

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