DELHI DEVELOPMENT AUTHORITY Vs. ISHWAR SINGH AND ORS

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Section 11 - Whenever, it appears to the appropriare Government that land in any area is required or likely to be required for any publid purpose, a notification (hereinafter referred to as preliminary notification) to thar effecr along with details of the land to be

Tags Land Acquisition

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6078 of 2017, Judgment Date: May 02, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 6078 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 14419 OF 2017 ]
            [@ SPECIAL LEAVE PETITION (C) .....CC 19842 OF 2016 ]

DELHI DEVELOPMENT AUTHORITY                                    Appellant(s)

                                VERSUS

ISHWAR SINGH AND ORS.                                         Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Delay condoned.
2.    Leave granted.
3.    Admittedly, the compensation has not been paid to the  land  owner(s).
Therefore, the High Court is right in its conclusion  that  the  proceedings
have lapsed.    This appeal is, accordingly, dismissed.
4.    However, in the peculiar facts and circumstances  of  this  case,  the
appellant is given a period of six months 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.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      May 02, 2017.

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