Supreme Court - Daily Orders
Delhi Development Authority vs Siddharth Kapoor . on 7 November, 2016
Bench: Kurian Joseph, R.K. Agrawal
ITEM NOS.29+65 COURT NO.9 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)........... of 2016
(CC No. 20567/2016)
(Arising out of impugned final judgment and order dated 02/05/2016
in WPC No. 2512/2015 passed by the High Court of Delhi at New
Delhi)
DELHI DEVELOPMENT AUTHORITY Petitioner(s)
VERSUS
SIDDHARTH KAPOOR AND ORS. Respondent(s)
(with appln. (s) for c/delay in filing SLP and c/delay in refiling
SLP and office report)
with
SLP (C)......CC NO. 20908 of 2016
(With appln. For c/delay in filing SLP and c/delay in refiling SLP
and office report)
Date : 07/11/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Petitioner(s) Ms. Garima Prashad,Adv.
Mr. Pradeep Kumar, Adv.
Mr. Shadab Khan, Adv.
Ms. Nupur, Adv.
For Respondent(s) Ms. Jasmine Damkewala,Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP (C)......CC No.20567/2016 Delay condoned.
Issue notice.
SLP (C)......CC NO. 20908 of 2016 Delay condoned.
Leave granted.
The appeal is dismissed in terms of signed non-reportable Judgment.
Signature Not Verified
Pending application(s) shall stand disposed of. Digitally signed by RAJNI MUKHI Date: 2016.11.10 11:52:54 IST Reason: (Rajni Mukhi) (Renu Diwan) SR. P.A. ASSISTANT REGISTRAR (Signed non-reportable judgment is placed on the file) NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10510 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.32573 OF 2016 ] [@ CC No. 20908 of 2016] DELHI DEVELOPMENT AUTHORITY APPELLANT VERSUS AMIT AND ORS. RESPONDENTS 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.
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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.
Pending applications, if any, stand disposed of. No costs.
.................J. [KURIAN JOSEPH] ................J. [R.K. AGRAWAL] New Delhi;
NOVEMBER 07, 2016.