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Delhi Development Authority vs Ajay Singh . on 16 December, 2016

Bench: Kurian Joseph, Rohinton Fali Nariman

                                                                                                   NON-REPORTABLE

                                             IN THE SUPREME COURT OF INDIA
                                              CIVIL APPELLATE JURISDICTION


                           CIVIL APPEAL NO.12239 OF 2016
            [ARISING FROM SPECIAL LEAVE PETITION (C) NO.37153 OF 2016]
        [ARISING FROM SPECIAL LEAVE PETITION (C).....CC. NO.24113 OF 2016]

                         DELHI DEVELOPMENT AUTHORITY                                       APPELLANT(S)

                                                                 VERSUS
                         AJAY SINGH AND 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 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 one year from today by issuing a Signature Not Verified Digitally signed by Notification under Section 11 of the Act, the NARENDRA PRASAD Date: 2017.01.04 17:41:43 IST Reason: appellant, if in possession, shall return the physical possession of the land to the owner.

7. Pending applications, if any, stand disposed of.

8. No costs.

.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] NEW DELHI;

DECEMBER 16, 2016.

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ITEM NO.25                 COURT NO.8                 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). 24113/2016 (Arising out of impugned final judgment and order dated 25/01/2016 in WPC No. 2746/2015 passed by the High Court of Delhi at New Delhi) DELHI DEVELOPMENT AUTHORITY PETITIONER(S) VERSUS AJAY SINGH AND ORS. RESPONDENT(S) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and office report) Date : 16/12/2016 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) Ms. Garima Prashad,AOR For Respondent(s) 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