Delhi Development Authority v. Nafe Singh (SC)
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SUPREME COURT OF INDIA
Before :- Kurian Joseph and Rohinton Fali Nariman, JJ.
Civil Appeal No. 10431 of 2016 (@ Special Leave Petition (C) No. 32179 of 2016) (@ Special Leave Petition (C).....CC. No. 19459 of 2016). D/d.
Delhi Development Authority - Appellants
Nafe Singh & Ors. - Respondents
For the Appellants :- Ashwani Kumar, Rahul Bhatia, Advocates.
For the Respondents :- Gopal Jha, Advocate.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ad Resettlement Act Section 24(3) Acquisition proceedings - Lapse of - Held, no fresh acquisition proceedings are initiated with period of one years from today by issuing Notification under Section 11 of Act - Thus, appellant if in possession to return physical possession of land to original land owner.
Kurian, J. - Delay condoned.
2. Leave granted.
3. 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.
4. This appeal is, accordingly, dismissed.
5. 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.
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.
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