DDA Vs. RAVI KUMAR GUPTA & ORS.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Tags Land Acquisition
Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11818 of 2016, Judgment Date: Nov 29, 2016
                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 11818 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 22522 OF 2015 ]


      DELHI DEVELOPMENT AUTHORITY                        Appellant(s)

                                   VERSUS

      RAVI KUMAR GUPTA & ORS.                           Respondent(s)

                                    WITH

                       CIVIL APPEAL NO. 11819 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 22135 OF 2015 ]

                       CIVIL APPEAL NO. 11821 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 22136 OF 2015 ]

                        CIVIL APPEAL NO.11833 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 30724 OF 2015 ]

                       CIVIL APPEAL NO. 11834 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 30134 OF 2015 ]

                       CIVIL APPEAL NO. 11836 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 1703 OF 2016 ]

                       CIVIL APPEAL NO. 11841 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 7570 OF 2016 ]

                       CIVIL APPEAL NO. 11846 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 8755 OF 2016 ]

                       CIVIL APPEAL NO. 11851 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 7560 OF 2016 ]

                       CIVIL APPEAL NO. 11852 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 5902 OF 2016 ]

                       CIVIL APPEAL NO. 11853 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 5909 OF 2016 ]

                       CIVIL APPEAL NO. 11855 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 8771 OF 2016 ]

                       CIVIL APPEAL NO. 11859 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 1691 OF 2016 ]

                       CIVIL APPEAL NO. 11854 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 11961 OF 2016 ]

                               J U D G M E N T


KURIAN, J.
1.    Leave granted.

2.     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.

3.    These appeals are, accordingly, dismissed.

4.    In the peculiar facts and circumstances of these cases, 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 owner.
      Pending applications, if any, stand disposed of.
      No costs.
                                                   .......................J.
                                                      [ KURIAN JOSEPH ]

                                                   .......................J.
                                              [ ROHINTON FALI NARIMAN ]

      New Delhi;
      November 29, 2016.
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