Supreme Court - Daily Orders
Land And Building Department Thr. ... vs Rattan Singh . on 31 August, 2016
Bench: Kurian Joseph, C. Nagappan
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.8716 OF 2016
(Arising out of S.L.P. (Civil) No. 17292 of 2016)
LAND & BUILDING DEPARTMENT,
THROUGH SECRETARY, GOVT. OF NCT
OF DELHI AND ANR. APPELLANT(S)
VERSUS
RATTAN SINGH 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, Rehabilitation and Resettlement Act, 2013 for initiation Signature Not Verified Digitally signed by RASHMI DHYANI Date: 2016.09.14 11:14:34 IST Reason: of the acquisition proceedings afresh. 1
5. 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.314 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.17292/2016 (Arising out of impugned final judgment and order dated 28/07/2015 in WP No. 9323/2014 passed by the High Court of Delhi at New Delhi) LAND AND BUILDING DEPARTMENT THR. SECRETARY, GOVT. OF NCT OF DELHI AND ANR. Petitioner(s) VERSUS RATTAN SINGH 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. Ashwani Kumar,Adv.
Mr. Rahul Bhatia, Adv.
Mr. B. S. Mathur, Adv.
Mr. Praveen Sehrawat, 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