Supreme Court - Daily Orders
Delhi Development Authority vs Simla Devi on 4 May, 2017
Bench: Kurian Joseph, R. Banumathi
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6345 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 14781 OF 2017]
[@ SPECIAL LEAVE PETITION (C).....CC. NO. 8526/2017]
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
SIMLA DEVI AND ORS RESPONDENT(S)
J U D G M E N T
KURIAN, J.
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 six months 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 six months from today by issuing a Signature Not Verified Digitally signed by Notification under Section 11 of the Act, the NARENDRA PRASAD Date: 2017.05.12 12:57:25 IST Reason: appellant, if in possession, shall return the physical possession of the land to the owner.
17. Pending applications, if any, shall stand disposed of.
8. There shall be no orders as to costs.
.......................J. [KURIAN JOSEPH] .......................J. [R. BANUMATHI] NEW DELHI;
MAY 04, 2017.
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ITEM NO.23 COURT NO.7 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). 8526/2017 (Arising out of impugned final judgment and order dated 15/11/2016 in WPC No. 5688/2015 passed by the High Court of Delhi at New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS SIMLA DEVI AND ORS Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 04/05/2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Ms. Garima Prashad,Adv.
Ms. Nupur Kumar,Adv.
Mr. Shadab Khan,Adv.
Mr. Pradeep Kumar,Adv.
For Respondent(s) Mr. M.B. Bhargava,Adv.
Mr. Pradeep Misra,Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is dismissed in terms of the signed judgment.
(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed “Non-Reportable” Judgment is placed on the file) 3