Supreme Court - Daily Orders
Delhi Development Authority vs Nafe Singh . on 28 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. 10431 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 32179 OF 2016 ]
[ @ SPECIAL LEAVE PETITION (C).....CC. NO. 19459 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
NAFE SINGH & ORS. Respondent(s)
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 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.
4. This appeal is, accordingly, dismissed.
5. 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, Rehabilitation and Resettlement Signature Not Verified Act, 2013 for initiation of the acquisition Digitally signed by JAYANT KUMAR ARORA Date: 2016.10.28 16:00:28 IST Reason: proceedings afresh.
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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 28, 2016.
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ITEM NO.14 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).
19459/2016
(Arising out of impugned final judgment and order dated 01/02/2016 in WPC No. 4100/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS NAFE SINGH AND ORS. Respondent(s) I.A. 1/2016 (with c/delay in filing SLP and office report) Date : 28/10/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Ashwani Kumar, Adv.
Mr. Rahul Bhatia, Adv.
For Respondent(s) Mr. Gopal Jha, Adv.
UPON hearing counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is dismissed 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)