DELHI DEVELOPMENT AUTHORITY Vs. NIRMAL KANTA KOHLI AND 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), 9336 of 2016, Judgment Date: Sep 19, 2016


                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL No.9336 OF 2016
                [@ SPECIAL LEAVE PETITION (C) 27586 OF 2016]
           [@ SPECIAL LEAVE PETITION (C).....CC NO.17175 OF 2016]


DELHI DEVELOPMENT AUTHORITY                   APPELLANT(S)

                              VERSUS

NIRMAL KANTA KOHLI AND ORS                   RESPONDENT(S)

                               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 (Civil) No.8467 of 2015 and Civil Appeal No.5811  of  2015  arising
out of Special Leave Petition(C) No.21545 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.

      Pending applications, if any, stand disposed of.
      No costs.

                                                       ...............J.
                                                      [KURIAN JOSEPH]


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

New Delhi,
September 19, 2016