2016 Supreme(SC) 935

SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
Delhi Development Authority – Appellant
Versus
Maharaj Singh & Ors. – Respondents
Civil Appeal No. 11256 of 2016 [Arising From Special Leave Petition (C) No. 13648 of 2016]
Decided On : 23-11-2016

The appellant's liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of acquisition proceedings afresh.

Headnote:

Leave granted - Land Acquisition - 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.

Fact of the Case:

The issue is covered against the appellant by previous judgments. The appellant is given a period of one year to initiate acquisition proceedings afresh.

Finding of the Court:

The appeal is dismissed, and the appellant is given one year to initiate acquisition proceedings afresh. If no fresh acquisition proceedings are initiated within the said period, the appellant shall return the physical possession of the land to the original land owner.

Issues: The issue is covered against the appellant by previous judgments. The appellant's liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is discussed.

Ratio Decidendi: The appellant is given a period of one year to exercise its liberty under Section 24(2) of the Act for initiation of the acquisition proceedings afresh.

Final Decision: The appeal is dismissed, and the appellant is given one year to initiate acquisition proceedings afresh. If no fresh acquisition proceedings are initiated within the said period, the appellant shall return the physical possession of the land to the original land owner.