Supreme CourtDivision Bench

Government of NCT of Delhi Through Secretary, Land & Building Department vs Gautam Chopra

Supreme Court Of India · Decided on 5 January 2017 · Citation: (2017) 5 JT 533 : (2017) 2 JT 89 : (2017) 2 Scale 313

HON’BLE JUDGES
Kurian Joseph, J · A. M. Khanwilkar, J
ACTS & SECTIONS REFERRED
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(2)
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 123 of 2017 (@ Special Leave Petition (C) No. 391 of 2017) (@ Special Leave Petition (C)......CC No. 4790 of 2016)
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Judgment

5 paragraphs · 178 words

Kurian, J. - Delay condoned. 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