GOVT. OF NCT OF DELHI THROUGH SECREATARY LAND AND BUILDING DEPARTMENT Vs. VIKAS GUPTA AND ORS

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

Appeal (Civil), 11257 of 2016, Judgment Date: Nov 23, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.11257 OF 2016
           [ARISING FROM SPECIAL LEAVE PETITION (C) NO.23082/2016]


      GOVT. OF NCT OF DELHI
      THROUGH  SECREATARY LAND AND BUILDING DEPARTMENT        APPELLANT(S)


                                   VERSUS

      VIKAS GUPTA AND ORS                                    RESPONDENT(S)

                               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.  The appeals filed  by  the
requisitioning authority, namely,  the  Delhi  Development  Authority,  have
already been dismissed by this Court.
3.    This appeal is, accordingly, dismissed.
4.    In the peculiar facts and circumstances of this  case,  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.
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.
6.    Pending applications, if any, stand disposed of.
7.    No costs.

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


                                                   .......................J.
                                              [ ROHINTON FALI NARIMAN ]

      NEW DELHI;
      NOVEMBER 23, 2016.