Land and Building Department through Secretary Government of NCT of Delhi Vs. Vikas Gupta and Ors

[Civil Appeal No.11257 of 2016 Arising From Special Leave Petition (C) No.23082/2016]

KURIAN, J.

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. The appeals filed by the requisitioning authority, namely, the Delhi Development Authority, have already been dismissed by this Court.

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.

7. No costs.

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

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

NEW DELHI;

NOVEMBER 23, 2016.

 Back