DELHI DEVELOPMENT AUTHORITY Vs. SHASHI KANT GOENKA AND ORS

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

Appeal (Civil), 6356 of 2017, Judgment Date: May 04, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.6356 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 14784 OF 2017]
            [@ SPECIAL LEAVE PETITION (C).....CC. NO. 5422/2017]


DELHI DEVELOPMENT AUTHORITY                                    APPELLANT(S)

                                VERSUS

SHASHI KANT GOENKA AND ORS                                    RESPONDENT(S)

                               J U D G M E N T

KURIAN, J.
      Delay condoned.
2.    Leave granted.
3.     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.
4.    This appeal is, accordingly, dismissed.
5.    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.
6.    We make it clear that in case no  fresh  acquisition  proceedings  are
initiated within the said period of six  months  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.
7.    Pending applications, if any, shall stand disposed of.
8.    There shall be no orders as to costs.

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


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MAY 04, 2017.