Supreme Court - Daily Orders
Govt. Of Nct Of Delhi Thr. Secretary Land ... vs Narender Kumar . on 31 August, 2016
Bench: Kurian Joseph, C. Nagappan
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.8723 OF 2016
(Arising out of S.L.P. (Civil) No.17370 of 2016)
GOVT. OF NCT OF DELHI
THR. SECRETARY, LAND AND
BUILDING DEPARTMENT, NEW DELHI APPELLANT(S)
VERSUS
NARENDER KUMAR AND ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (Civil) No.8467 of 2015.
3. This appeal is, accordingly, dismissed.
4. In the peculiar facts and circumstances of this case, 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, Signature Not VerifiedRehabilitation and Resettlement Act, 2013 for initiation of Digitally signed by RASHMI DHYANI Date: 2016.09.14 11:13:31 IST Reason: the acquisition proceedings afresh.
15. 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.
6. Pending applications, if any, stand disposed of.
...............J. [KURIAN JOSEPH] ...............J. [C. NAGAPPAN] New Delhi, August 31, 2016 2 ITEM NO.324 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.17370/2016 (Arising out of impugned final judgment and order dated 27/01/2015 in WPC No. 6992/2014 passed by the High Court of Delhi at New Delhi) GOVT. OF NCT OF DELHI THR.
SECRETARY LAND AND BUILDING DEPARTMENT, NEW DELHI Petitioner(s) VERSUS NARENDER KUMAR 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 C. NAGAPPAN For Petitioner(s) Ms. Rachana Srivastava,Adv.
Ms. Monika, Adv.
Mr. Sukrit R. Kapoor, Adv.
For Respondent(s) Mr. Amit Gupta, Adv.
Mr. Sarwa Mitter, Adv.
Ms. Manshi Kukreja, Adv.
For M/s Mitter & Mitter Co.
Mr. S. Ramesh, Adv.
Mr. Mohanlal Sharma,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 non-reportable judgment.
Pending applications, if any, stand disposed of.
(RASHMI DHYANI) (RENU DIWAN) SR.P.A. ASSISTANT REGISTRAR (Signed Non- reportable judgment is placed on the file) 3