Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Supreme Court - Daily Orders

Delhi Development Authority vs Sher Singh . on 31 August, 2016

Bench: Kurian Joseph, C. Nagappan

                                                                                 NON-REPORTABLE

                                        IN THE SUPREME COURT OF INDIA
                                         CIVIL APPELLATE JURISDICTION


                                     CIVIL APPEAL No.8662 OF 2016
                           (Arising out of S.L.P. (Civil) No.10179 of 2016)



                 DELHI DEVELOPMENT AUTHORITY                                   APPELLANT(S)


                                                       VERSUS

                 SHER 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 of the acquisition proceedings afresh. Signature Not Verified Digitally signed by RASHMI DHYANI Date: 2016.09.14 11:14:47 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. [C. NAGAPPAN] New Delhi, August 31, 2016 2 ITEM NO.235 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.10179/2016 (Arising out of impugned final judgment and order dated 04/08/2015 in WPC No. 164/2015 passed by the High Court of Delhi at New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS SHER SINGH AND ORS. Respondent(s) 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. Binu Tamta,Adv.

Mr. Dhruv Tamta, Adv.

For Respondent(s) Mr. Atul Kumar,Adv.

Mr. Girish Chawla, Adv.

Ms. Sweety Singh, 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