GOVT OF NCT OF DELHI AND ANR. Vs. ANOOP SINGH AND ORS.

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

Appeal (Civil), 4427 of 2017, Judgment Date: Mar 24, 2017

                                                              NON REPORTABLE

                         IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.4427 OF 2017
               [@ SPECIAL LEAVE PETITION (C) NO. 9229 OF 2017]
            [@ SPECIAL LEAVE PETITION (C).....CC. NO. 5553/2017]


GOVT. OF NCT OF DELHI AND ANR.                               APPELLANT (s)


                                   VERSUS


ANOOP SINGH AND ORS.                                         RESPONDENT(s)


                                    WITH

                        CIVIL APPEAL NO.4428 OF 2017
               [@ SPECIAL LEAVE PETITION (C) NO. 9231 OF 2017]
            [@ SPECIAL LEAVE PETITION (C).....CC. NO. 5727/2017]


GOVT. OF NCT OF DELHI AND ANR.                                APPELLANT (s)


                                   VERSUS


SUDHIR KUMAR AND ANR.                                        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  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.
4.    These appeals are, accordingly, dismissed.
5.     In  the  peculiar  facts  and  circumstances  of  these  cases,   the
appellants are given a period of one year to exercise their 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  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 owners.
7.    Pending applications, if any, shall stand disposed of.
      8.    There shall be no order as to costs.

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


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

            NEW DELHI;
            MARCH 24, 2017.