GOVT. OF NCT OF DELHI & ORS. Vs. KARTAR SINGH & 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), 11856 of 2016, Judgment Date: Nov 29, 2016
                                                              NON REPORTABLE

                         IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 11856 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 14702 OF 2015 ]


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

                                       VERSUS

            KARTAR SINGH & ORS.                         RESPONDENT(s)

                                    WITH

                       CIVIL APPEAL NO. 11858 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 26528 OF 2015 ]

                       CIVIL APPEAL NO. 11860 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 28848 OF 2015 ]

                       CIVIL APPEAL NO. 11862 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 11387 OF 2016 ]

                       CIVIL APPEAL NO. 11864 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 17320 OF 2016 ]

                       CIVIL APPEAL NO. 11863 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 11347 OF 2016 ]

                       CIVIL APPEAL NO. 11861 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 11402 OF 2016 ]

                       CIVIL APPEAL NO. 11857 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 17300 OF 2016 ]

                               J U D G M E N T

KURIAN, J.

      1.    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.
                                               [ ROHINTON FALI NARIMAN ]

            New Delhi;
            November 29, 2016.
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