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Delhi Development Authority v. Hardwari Lal Rana

Supreme Court of India · 3 January 2017

Court
Supreme Court of India
Decided
3 January 2017
Case no.
C.A. No. 126 of 2017
Bench
Kurian Joseph, Rohinton Fali Nariman
Length
2 pages
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JUDGMENT

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 126 OF 2017 [ARISING FROM SPECIAL LEAVE PETITION (C) NO. 297 OF 2017] [ARISING FROM SPECIAL LEAVE PETITION (C).....CC. NO.24576 OF 2016]

DELHI DEVELOPMENT AUTHORITY APPELLANT(S) VERSUS

HARDWARI LAL RANA & ORS. RESPONDENT(S) WITH CIVIL APPEAL NO. 127 OF 2017 [ARISING FROM SPECIAL LEAVE PETITION (C) NO. 297 OF 2017] [ARISING FROM SPECIAL LEAVE PETITION (C).....CC. NO.25119 OF 2016]

JUDGMENT

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.

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

JUDGMENT

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 lands to the owners.

7. Pending applications, if any, stand disposed of.

8.
No costs.

.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] NEW DELHI; JANUARY 03, 2017.

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