SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(SC) 780

KURIAN JOSEPH, ROHINTON FALI NARIMAN
Delhi Development Authority – Appellant
Versus
Hari Prakash – Respondent


JUDGMENT :

Kurian, J.

1. Leave granted.

2. The appellant is before this Court aggrieved by the declaration that the entire land acquisition proceedings have lapsed in view of the operation of Section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “2013 Act”).

3. The learned counsel appearing for Delhi Development Authority (DDA), on instruction, fairly concedes that as far as the land measuring 01 bighas 09 biswas belonging to Respondent No. 1 is concerned, the possession has not been taken by the DDA and compensation has not been paid, though the award had been passed as far back as in 2004. In that view of the matter, we see no reason to interfere with the impugned judgment of the High Court.

4. However, the declaration as above and the consequent dismissal of this appeal is without prejudice to the liberty available to the appellant to initiate proceedings afresh for the acquisition of the subject land under the provisions of the 2013 Act.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top