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Supreme Court - Daily Orders

Delhi Development Authority vs Khazani And Ors . on 31 August, 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.8495 OF 2016
                             (Arising out of S.L.P.(C) No.14931 of 2015)


                   DELHI DEVELOPMENT AUTHORITY                        Appellant(s)

                                       Versus


                   KHAZANI AND OTHERS                                 Respondent(s)



                                          J U D G M E N T

KURIAN, J.

Leave granted.

The issue, in principle, is covered against the appellant by judgment in Civil Appeal No. 8477 of 2016 arising out of Special Leave Petition(C) No. 8467 of 2015.

This appeal is, accordingly, dismissed. In the peculiar facts and circumstances of this case, the appellant is given a period of one year to Signature Not Verified Digitally signed by SUKHBIR PAUL KAUR Date: 2016.09.10 11:20:23 IST Reason: exercise its liberty granted under Section 24(2) of the Right to Fair Compensation and Transparency in Land 2 Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh. 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.

........................J. (KURIAN JOSEPH) ........................J. (ROHINTON FALI NARIMAN) New Delhi, August 31, 2016 3 ITEM NO.6 COURT NO.10 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) No(s). 14931/2015 (Arising out of impugned final judgment and order dated 23/12/2014 in WPC No. 6587/2014 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS KHAZANI AND ORS . Respondent(s) (with office report) Date : 31/08/2016 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Ms. Binu Tamta,Adv.
For Respondent(s) Ms. Pinky Anand, ASG Ms. Rekha Pandey, Adv.
Mr. Karan Seth, Adv.
Mr. R.K. Rathore, Adv.
Mr. Rajesh Ranjan, Adv. For Mr. D. S. Mahra,Adv.
Mr. Kaushik Poddar,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is dismissed in terms of the signed judgment.
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Pending applications, if any, stand disposed of.
[RENU DIWAN] [SUKHBIR PAUL KAUR] ASSISTANT REGISTRAR A.R.-CUM-P.S. (Signed non-reportable judgment is placed on the file)