Supreme Court - Daily Orders
Delhi Development Authority vs Vijay Dhall . on 31 August, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8539 OF 2016
(Arising out of SLP(Civil)No.24959 of 2015)
DELHI DEVELOPMENT AUTHORITY ... APPELLANT(S)
VS.
VIJAY DHALL & 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 of the acquisition proceedings afresh. Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2016.09.21 16:19:39 IST Reason: 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. [ROHINTON FALI NARIMAN] New Delhi;
August 31, 2016.
2
ITEM NO.70 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).24959/2015 (Arising out of impugned final judgment and order dated 24/03/2015 in WPC No.170/2015 passed by the High Court of Delhi at New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS VIJAY DHALL & 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 ROHINTON FALI NARIMAN For Petitioner(s) Mr. Amrendra Sharan,Sr.Adv.
Ms. Binu Tamta,Adv.
Mr. Dhruv Tamta,Adv.
For Respondent(s) Mr. Harish Pandey,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 non-reportable judgment.
(Anita Malhotra) (Renu Diwan) Court Master Assistant Registrar (Signed Non-reportable judgment is placed on the file.) 3