GOVERNMENT OF NCT OF DELHI THROUGH SECRETARY, LAND & BUILDING DEPARTMENT & ANR. Vs. GAUTAM CHOPRA & ORS.

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

Appeal (Civil), 4790, 4942, 8077, Judgment Date: Jan 05, 2017

                                                              NON REPORTABLE
                         IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 123 OF 2017
               [@ SPECIAL LEAVE PETITION (C) NO. 391 OF 2017 ]
          [ @ SPECIAL LEAVE PETITION (C)......CC NO. 4790 OF 2016 ]

 GOVERNMENT OF NCT OF DELHI THROUGH
 SECRETARY, LAND & BUILDING DEPARTMENT
 AND ANR.                                                       APPELLANT (s)

                                   VERSUS

GAUTAM CHOPRA  & ORS.                                           RESPONDENT(s)

                                    WITH

                        CIVIL APPEAL NO. 124 OF 2017
               [@ SPECIAL LEAVE PETITION (C) NO. 392 OF 2017 ]
          [ @ SPECIAL LEAVE PETITION (C)......CC NO. 4942 OF 2016 ]

                                    WITH

                        CIVIL APPEAL NO. 125 OF 2017
               [@ SPECIAL LEAVE PETITION (C) NO. 393 OF 2017 ]
          [ @ SPECIAL LEAVE PETITION (C)......CC NO. 8077 OF 2016 ]

                               J U D G M E N T

      KURIAN, J.

1.    Delay condoned.  Leave granted.


2.    The  issue,  in  principle,  is  covered  against  the  appellants  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.  The appeals filed  by  the
requisitioning authority,  namely  the  Delhi  Development  Authority,  have
already been dismissed by this Court.

3.    These appeals are, accordingly, dismissed.

4.     In  the  peculiar  facts  and  circumstances  of  these  cases,   the
appellants are 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  appellants,   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.
                                                        [ A. M. KHANWILKAR ]

New Delhi;
January 05, 2017.