Delhi Development Authority v. Geeta Dhawan, (SC)
: Law Finder Doc Id # 811794
2016(11) JT 358
SUPREME COURT OF INDIA
Before:- Kurian Joseph and C. Nagappan, JJ.
Civil Appeal No. 8531 of 2016, (Arising out of SLP(Civil)No.31274 of 2015) with Civil Appeal No. 8832 of 2016, (Arising out of SLP (Civil) No. 11474 of 2016). D/d.
Delhi Development Authority - Appellant
Geeta Dhawan and others - Respondents
For the Appellant :- Mr. Amrendra Sharan, Senior Advocate, Mr. Vishnu B. Saharya, Mr. Viresh B. Saharya, (For M/s. Saharya & Co.), Advocates.
For the Respondent :- Mr. Sumeer Sodhi, Mr. Arjun Nanda and Mr. T. Mahipal, Advocates.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ad Resettlement Act Section 24(2) Liberty granted to appellant under Section 24(2) to start fresh acquisition proceeding within one year - Appellant to return the land to original land owner, if in possession.
Kurian, J. - Special Leave Petition(C) Np. 11474 of 2016 is taken on board.
2. Leave granted.
3. 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.8467 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.
7. Pending applications, if any, stand disposed of.
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