Delhi Development Authority v. Ajit Singh, (SC)
: Law Finder Doc Id # 793996
2016(9) JT 334 : 2016(9) Scale 627
SUPREME COURT OF INDIA
Before:- Mr. Kurian Joseph and Mr. Rohinton Fali Nariman, JJ.
Civil Appeal No. 8536 of 2016 (Arising out of SLP (Civil) No. 23751 of 2015) [Arising out of impugned final judgment and order dated 16/09/2014 in WPC No.2777/2014 passed by the High Court of Delhi at New Delhi]. D/d.
Delhi Development Authority - Appellant
Ajit Singh & Ors. - Respondents
For the Petitioner :- Mr. Amrendra Sharna, Sr. Advocate, Mr. Vishnu B. Saharya, Mr. Viresh Saharya, Advocates For M/s Saharya & Co.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ad Resettlement Act Section 24(2) Land acquisition - Lapse of proceeding under old Act - Issue covered against appellant by Judgment in CA No 8477 of 2016 - Appellant given one year to exercise its liberty - Appeal dismissed.
[Paras 2 and 5]
Mr. Kurian Joseph, J. - Leave granted.
2. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (Civil) No. 8466 of 2015.
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, 2014 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 12 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.