DELHI DEVELOPMENT AUTHORITY Vs. USHA DEVI AND ORS.

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

Appeal (Civil), 10207 of 2016, Judgment Date: Oct 17, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION
                       CIVIL APPEAL NO. 10207 OF 2016
               [@SPECIAL LEAVE PETITION (C) NO. 30692 OF 2016]
                           [@CC No. 19043 of 2016]


DELHI DEVELOPMENT AUTHORITY                        APPELLANT(S)

                                   VERSUS

USHA DEVI AND ORS.                                RESPONDENT(S)

                                    WITH

                       CIVIL APPEAL NO. 10210 OF 2016
               [@SPECIAL LEAVE PETITION (C) NO. 30696 OF 2016]
                          [@ CC No. 19239 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.

                                                                    ….contd.

                                     -2-
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;
      October 17, 2016.