Supreme Court - Daily Orders
Delhi Development Authority vs Naseem Ahmed . on 27 October, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10413 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 32064 OF 2016 ]
[@ SPECIAL LEAVE PETITION (C)......CC NO. 20164 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
AMAN & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 10414 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 32065 OF 2016 ]
[@ SPECIAL LEAVE PETITION (C)......CC NO. 20437 OF 2016 ]
WITH
CIVIL APPEAL NO. 10415 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 32066 OF 2016 ]
[@ SPECIAL LEAVE PETITION (C)......CC NO. 20526 OF 2016 ]
WITH
CIVIL APPEAL NO. 10416 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 32067 OF 2016 ]
[@ SPECIAL LEAVE PETITION (C)......CC NO. 20649 OF 2016 ]
J U D G M E N T
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 Signature Not Verified 2016 arising out of Special Leave Petition (C) No. Digitally signed by JAYANT KUMAR ARORA Date: 2016.10.28 15:59:18 IST Reason: 8467 of 2015 and Civil Appeal No. 5811 of 2015 arising out of Special Leave Petition (C) No. 21545 of 2015.
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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 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.
Pending applications, if any, stand disposed of. No costs.
.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] New Delhi;
October 27, 2016.
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ITEM NO.5 + 17 COURT NO.9 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC No(s).
20074/2016
(Arising out of impugned final judgment and order dated 03/05/2016 in WPC No. 2680/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS NASEEM AHMED AND ORS. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and office report) WITH S.L.P.(C)...CC No. 20164/2016 (With appln.(s) for c/delay in refiling SLP and appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 20422/2016 (With appln.(s) for c/delay in refiling SLP and appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 20434/2016 (With appln.(s) for c/delay in refiling SLP and appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 20437/2016 (With (With appln.(s) for c/delay in refiling SLP and appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 20526/2016 (With appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 20649/2016 (With appln.(s) for c/delay in filing SLP, c/delay in refiling SLP and Office Report) Date : 27/10/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN 4 For Petitioner(s) Ms. Garima Prashad, Adv.
Mr. Ashwani Kumar, Adv.
Mr. Rahul Bhatia, Adv.
For Respondent(s) Mr. N. S. Vasisht, Adv.
Mr. Vishal Singh, Adv.
Ms. Jyoti Katawia, Adv.
Mr. Pradeep Misra, Adv.
(in SLP (C) No. 20422 of 2016) UPON hearing counsel the Court made the following O R D E R SLP (C)....CC No. 20074 of 2016 Delay condoned.
We find no reason to entertain this Special Leave Petition, which is, accordingly, dismissed. S.L.P.(C)...CC No. 20164 of 2016 Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed non-reportable Judgment.
Pending interlocutory applications, if any, are disposed of. S.L.P.(C)...CC No. 20422 of 2016 Delay condoned.
According to the learned counsel for the petitioner, this is a case of subsequent purchaser. In view of the above, issue notice, returnable on 08.11.2016. Mr. Pradeep Mishra, learned counsel, accepts notice on behalf of Respondent No. 1.
5S.L.P.(C)...CC No. 20434 of 2016 Delay condoned.
According to the learned counsel for the petitioner, this is a case of subsequent purchaser. In view of the above, issue notice, returnable on 08.11.2016. S.L.P.(C)...CC No. 20437 of 2016 Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed non-reportable Judgment.
Pending interlocutory applications, if any, are disposed of. S.L.P.(C)...CC No. 20526 of 2016 Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed non-reportable Judgment.
Pending interlocutory applications, if any, are disposed of. SLP (C)....CC No. 20649 of 2016 Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed non-reportable Judgment.
Pending interlocutory applications, if any, are disposed of. (Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar (Signed non-reportable Judgment is placed on the file)