Delhi Development Authority v. Vivek (SC)
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SUPREME COURT OF INDIA
Before :- Kurian Joseph and Rohinton Fali Nariman, JJ.
Civil Appeal No. 9898 of 2016 (@ Special Leave Petition (C) No. 29199 of 2016),(@ Special Leave Petition (C) CC No. 18417 of 2016). D/d.
Delhi Development Authority - Appellants
Vivek & Ors. - Respondents
Civil Appeal No. 9899 of 2016 (@ Special Leave Petition (C) No. 29201 of 2016),(@ Special Leave Petition (C) CC No. 18471 of 2016).
For the Appellants :- Ms. Garima Prashad, Advocate.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ad Resettlement Act Section 24(2) Initiation of acquisition proceedings within on year - Lapse of - Held, no fresh acquisition proceedings are initiated within said period of one year from today by ssuing Notification under Section 11 of Act, 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. These appeals are, accordingly, dismissed.
5. In the peculiar facts and circumstances of these cases, 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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