Delhi Development Authority v. Fazruddin, (SC)
: Law Finder Doc Id # 827621
2017(1) Scale 629
SUPREME COURT OF INDIA
Before:- Mr. Kurian Joseph and Mr. C. Nagappan, JJ.
Civil Appeal No. 8613 of 2016 (Arising Out of S.L.P.(C) No.32616 of 2015). D/d.
Delhi Development Authority - Appellant
Fazruddin and Others - Respondents
For the Petitioners :- Mr. Amrendra Sharan, Sr. Advocate, Mr. Vishnu B. Saharya, Mr. Viresh B. Saharya, Advocates for M/s Saharya & Co.
For the Respondents :- Mr. B.S. Maan, Ms. Smita Maan, Mr. Vishal Maan, Mr. Naresh Maan, Mr. Shitiz Agnihotri, Mr. Bankey Bihari, Ms. Minali Deswal, Ms. Bushra Parveen, Mr. Jagjit Singh Chhabra, Advocates.
Constitution of India, 1950 Article 133 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ad Resettlement Act Section 24(2) Acquisition proceedings - Lapse of - Appellant given period of one year to exercise its liberty granted under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of acquisition proceedings afresh but no fresh acquisition proceedings initiated within said period of one year from today by issuing a Notification under Section 11 of Act - Appellant, if in possession, return physical possession of land to original land owner - Hence, appeal dismissed.
[Paras 4 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(C) No. 8467 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, 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.
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