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Supreme Court - Daily Orders

Delhi Development Authority vs Shireen Subramanya . on 24 April, 2017

Bench: Kurian Joseph, R. Banumathi

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION


                              I.A. 2 & 3/2017 IN CIVIL APPEAL NO(S).                  10859/2016


                         DELHI DEVELOPMENT AUTHORITY                                  APPELLANT(S)


                                                             VERSUS

                         SHIREEN SUBRAMANYA & ORS.                                    RESPONDENT(S)

                                                          O R D E R

In the judgment dated 15.11.2016 we have clarified that it will be open to the Delhi Development Authority to initiate appropriate proceedings for acquisition within a period of one year. According to the applicant, since the possession had not been taken liberty should not have been granted to them.

2. There is a serious dispute as to the possession aspect. Be that as it may, even if the Court does not grant liberty, the liberty is available to the Delhi Development Authority under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Therefore, it is of no significance whether the clarification is issued or not.

3. I.A. No.2 is, accordingly, disposed of.

4. I.A. No.3 is also disposed of.

.......................J. [KURIAN JOSEPH] Signature Not Verified Digitally signed by NARENDRA PRASAD .......................J. Date: 2017.04.26 15:43:20 IST Reason: [R. BANUMATHI] NEW DELHI;

APRIL 24, 2017.

ITEM NO.17                   COURT NO.6                  SECTION XIV

                S U P R E M E C O U R T O F       I N D I A
                        RECORD OF PROCEEDINGS

I.A. 2 & 3/2017 IN CIVIL APPEAL NO(S).     10859/2016

DELHI DEVELOPMENT AUTHORITY                             APPELLANT(S)

                                  VERSUS

SHIREEN SUBRAMANYA & ORS.                               RESPONDENT(S)

(Appln(s) for modification of court's order and exemption from filing O.T. and office report) Date : 24/04/2017 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Ms. Garima Prashad,Adv.
For Respondent(s) Mr. Prashant Kumar,Adv.
Mr. Saurabh S. Sinha,Adv.
Mr. Joseph Pookkatt,Adv.
For M/s. AP & J Chambers UPON hearing the counsel the Court made the following O R D E R I.A. Nos.2 and 3 are disposed of in terms of the signed order.
(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file)