Supreme Court - Daily Orders
Delhi Development Authority vs Anil Kumar Jain . on 31 August, 2016
Bench: Kurian Joseph, C. Nagappan
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.8616 OF 2016
(Arising out of S.L.P. (Civil) No.32639 of 2015)
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
ANIL KUMAR JAIN & ORS. RESPONDENT(S)
WITH
CIVIL APPEAL No.9341 OF 2016
(Arising out of S.L.P. (Civil) No.30187 of 2015)
J U D G M E N T
KURIAN, J.
1. Special Leave Petition(C) No.30187 of 2015 is taken on board.
2. Leave granted.
3. 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.
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, Signature Not Verified Rehabilitation and Resettlement Act, 2013 for initiation of Digitally signed by RASHMI DHYANI Date: 2016.09.22 17:40:14 IST Reason: the acquisition proceedings afresh. 1
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.
7. Pending applications, if any, stand disposed of.
...............J. [KURIAN JOSEPH] ...............J. [C. NAGAPPAN] New Delhi, August 31, 2016 2 ITEM NO.170 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.32639/2015 (Arising out of impugned final judgment and order dated 24/09/2014 in WPC No. 1389/2014 passed by the High Court of Delhi at New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS ANIL KUMAR JAIN & ORS. Respondent(s) (with office report) With SLP(C) No.30187/2015 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) Mr. Amrendra Sharan, Sr. Adv.
Mr. Vishnu B. Saharya, Adv.
Mr. Viresh B. Saharya, Adv.
For M/s Saharya & Co.
For Respondent(s) Mr. Atul Kumar,Adv.
Mr. Vikas Pandey, Adv.
Ms. Archana Kumari, Adv.
Mr. T. N. Singh,Adv.
Mr. Vikas K. Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R SLP(C) No.30187 of 2015 is taken on board. Leave granted in SLP(C) Nos.32639/2015 & SLP(C) No.30187/2015.
These appeals are 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