Delhi Development Authority v. Mohd. Yahya, (SC)
: Law Finder Doc Id # 804391
2016(10) Scale 372
SUPREME COURT OF INDIA
Before:- Mr. Kurian Joseph and Mr. Rohinton Fali Nariman, JJ.
Civil Appeal No. 8521 of 2016(Arising out of SLP (Civil) No. 20468 of 2015). D/d.
Delhi Development Authority - Petitioner
Mohd. Yahya And Ors. - Respondent
For the Petitioner :- Mr. Amrendra Sharan, Sr.Adv. Mr. Vishnu B. Saharya, Mr. Viresh B. Saharya and For M/s Saharya & Co., Advocates.
For the Respondent :- Mr. Kailash Vasudev,Sr. Adv. Mr. Shailender Saini, Mr. R.K. Mohanty, Ms. Bhaswati Anukampa, Ms. Gunwant Dara, For Mr. D. S. Mahra, Mr. Ravinder Sethi, Sr.Adv. Mr. Rajiv H.R. Ghawana and Mr. Puneet Sharma, Advocates.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ad Resettlement Act Section 24(2) Lapse of process - Proceeding afresh - Issue covered against appellant by judgment in Civil Appeal No. 8477 of 2016 - Time granted to appellant to exercise liberty for initiating proceeding afresh - In case no fresh proceeding initiated - Land to be returned to land owners.
[Paras 4 and 5]
Kurian, 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.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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