SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
DELHI DEVELOPMENT AUTHORITY – APPELLANTS
VERSUS
SURESH KUMAR NANGIA AND ORS. – RESPONDENTS
CIVIL APPEAL NO.12075 OF 2016 [ARISING FROM SPECIAL LEAVE PETITION (C) NO. 36627 OF 2016 ] [ARISING FROM SPECIAL LEAVE PETITION (C).....CC. NO.23517/2016]
Decided On : 14-12-2016
Delay condoned - 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 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.
Finding of the Court:
The appeal is dismissed, and the appellant is given a period of one year to initiate acquisition proceedings afresh. If no fresh acquisition proceedings are initiated within the said period, the appellant, if in possession, shall return the physical possession of the land to the owner.
Issues: Delay condonation, initiation of acquisition proceedings, possession of land
Ratio Decidendi: The appellant is granted a period of one year to initiate acquisition proceedings afresh under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision: The appeal is dismissed, and the appellant is given a period of one year to initiate acquisition proceedings afresh. If no fresh acquisition proceedings are initiated within the said period, the appellant, if in possession, shall return the physical possession of the land to the owner.
JUDGMENT
KURIAN, J.
1. 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. 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 owner.
7. Pending applications, if any, stand disposed of.
8. No costs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.