GOVT. OF NCT OF DELHI THR SECRETARY, LAND AND BUILDING DEPARTMENT AND ANR. Vs. KISHAN CHAND AND ORS.

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

Appeal (Civil), 9217 of 2016, Judgment Date: Sep 16, 2016

                                                              NON REPORTABLE

                         IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 9217 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 27345 OF 2016 ]
          [@ SPECIAL LEAVE PETITION (C) ......CC NO. 17281 OF 2016]


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

                                   VERSUS

            KISHAN CHAND AND ORS.                       RESPONDENT(s)

                                    WITH

                        CIVIL APPEAL NO. 9218 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 27346 OF 2016 ]
          [@ SPECIAL LEAVE PETITION (C)......CC NO. 17349 OF 2016]

                               J U D G M E N T

KURIAN, J.

      1.    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.  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  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.
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 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;
            September 16, 2016.