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SUPREME COURT OF INDIA
Kurian Joseph, Rohinton Fali Nariman, JJ.
Delhi Development Authority - Appellant
Versus
Dharampal and others - Respondents
C.A. No. 8570 of 2016 (Arising out of SLP(C.) No. 28731 of 2015)
Decided On : 31-08-2016
Judgment - Land Acquisition - The court dismissed the appeal and granted the appellant one year to initiate fresh acquisition proceedings under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The appellant was directed to return the physical possession of the land to the original land owner if no fresh acquisition proceedings were initiated within the specified period.
Fact of the Case:
The appellant was granted one year to initiate fresh acquisition proceedings under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. If no fresh acquisition proceedings were initiated within the specified period, the appellant was directed to return the physical possession of the land to the original land owner.
Finding of the Court:
The court dismissed the appeal and granted the appellant one year to initiate fresh acquisition proceedings under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. If no fresh acquisition proceedings were initiated within the specified period, the appellant was directed to return the physical possession of the land to the original land owner.
Issues: The issue was whether the appellant should be granted a period to exercise its liberty 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.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which granted the appellant a period to initiate fresh acquisition proceedings.
Final Decision: The appeal was dismissed, and the appellant was given one year to initiate fresh acquisition proceedings under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. If no fresh acquisition proceedings were initiated within the specified period, the appellant was directed to return the physical possession of the land to the original land owner.
JUDGMENT :
Kurian Joseph, 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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