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Supreme Court - Daily Orders

Delhi Development Authority vs Phire Ram . on 31 August, 2016

Bench: Kurian Joseph, Rohinton Fali Nariman

                                                  1

                                                          NON REPORTABLE

                                      IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION


                                    CIVIL APPEAL NO.8492 OF 2016
                             (Arising out of S.L.P.(C) No.9189 of 2015)


                   DELHI DEVELOPMENT AUTHORITY                        Appellant(s)

                                       Versus

                   PHIRE RAM AND OTHERS                               Respondent(s)


                                        J U D G M E N T

KURIAN, J.

Leave granted.

The issue, in principle, is covered against the appellant by judgment in Civil Appeal No. 8477 of 2016 arising out of Special Leave Petition(C) No. 8467 of 2015.

This appeal is, accordingly, dismissed. 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 Signature Not Verified Digitally signed by SUKHBIR PAUL KAUR Date: 2016.09.10 Right to Fair Compensation and Transparency in Land 11:20:26 IST Reason: Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh. 2 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.

........................J. (KURIAN JOSEPH) ........................J. (ROHINTON FALI NARIMAN) New Delhi, August 31, 2016 3 ITEM NO.3 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(s). 9189/2015 (Arising out of impugned final judgment and order dated 25/11/2014 in WPC No. 4456/2014 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS PHIRE RAM & ORS. Respondent(s) (with interim relief and 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 ROHINTON FALI NARIMAN For Petitioner(s) Mr. Amrendra Sharan, Sr.Adv.
                      Mr.    Vishnu B. Saharya, Adv.
                      Mr.    Viresh B. Saharya, Adv.
                      For    M/s Saharya & Co.,Adv.
For Respondent(s)
                      Dr. Rajeev Sharma,Adv.
                      Mr. Raghuvir Sharma, Adv.
                      Mr. Ram Anugrah Singh, Adv.

                      Ms.    Pinky Anand, ASG
                      Ms.    Rekha Pandey, Adv.
                      Mr,    Karan Seth, Adv.
                      Mr.    R.S. Nagar, Adv.
                      Mr.    Rajesh Ranjan, Adv.
                      For    Mr. D.S. Mahra, Adv.
                      Ms.    Sushma Suri,Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.
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The appeal is dismissed in terms of the signed judgment.
Pending applications, if any, stand disposed of.
[RENU DIWAN] [SUKHBIR PAUL KAUR] ASSISTANT REGISTRAR A.R.-CUM-P.S. (Signed non-reportable judgment is placed on the file)