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Land & Building Department, Through Secretary, Govt. of NCT of Delhi v. M/S Green Finance Pvt. Ltd. .

Supreme Court of India · 20 September 2016

Court
Supreme Court of India
Decided
20 September 2016
Case no.
C.A. No. 9424 of 2016
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. 9424 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7749 OF 2016 ] LAND & BUILDING DEPARTMENT THROUGH SECRETARY, GOVT. OF NCT OF DELHI AND ANR. APPELLANT (s)

VERSUS

M/S GREEN FINANCE PVT. LTD. & ORS. RESPONDENT(s)

JUDGMENT

KURIAN, J.

1.
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. This appeal is, accordingly, dismissed.

4. In the peculiar facts and circumstances of this case, 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

JUDGMENT

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 land owner.

Pending applications, if any, stand disposed of.

No costs.

.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ]

New Delhi;
September 20, 2016.

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