Supreme CourtDivision Bench

Delhi Development Authority vs S.K. Garg

Supreme Court Of India · Decided on 11 November 2016 · Citation: (2016) 12 Scale 351

HON’BLE JUDGES
Kurian Joseph and Rohinton Fali Nariman, JJ.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 133 · Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 11, 24
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 10806 of 2016 (@ Special Leave Petition (C) No. 33306 of 2016) (@ Special Leave Petition (C) .....CC. No. 20805 of 2016)
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Judgment

8 paragraphs · 174 words

Kurian, J.—Delay condoned.

2.

Leave granted.

3.

On the facts of these cases, it is not disputed that the proceedings have lapsed since the acquisition proceedings have not been taken to their logical conclusion within the period permitted under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4.

Therefore, these appeals are dismissed.

5.

However, 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 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if it is so advised, for acquisition 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.

7.

Pending applications, if any, stand disposed of.

8.

No costs.