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SUPREME COURT OF INDIA
KURIAN JOSEPH, C. NAGAPPAN, JJ.
Delhi Development Authority - Appellant
Versus
Suraj Prakash Batra and Ors – Respondents
Civil Appeal No. 8695 of 2016, (Arising out of S.L.P. (Civil) No.23089 of 2016).
Decided on : 31-08-2016.
Judgment - Land Acquisition - Appellant given 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
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 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 original land owner.
Issues: Interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Ratio Decidendi: The appellant is granted one year to exercise its liberty under Section 24(2) of the Act for initiating acquisition proceedings afresh.
Final Decision: The appeal is dismissed, and the appellant is given 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.
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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