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CIVIL APPEAL NO. 10017 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 20511 OF 2008 ]
M/S.ANSAL PROPERTIES & INFRAST.LTD. Appellant(s)
JUDGMENT
1. Leave granted.
2. The issue pertains to the land acquisition proceedings initiated by the respondent-State. During the pendency of the proceedings before this Court, in view of the introduction of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, “2013 Act”), the question arose as to whether the acquisition proceedings have lapsed or not.
3. On the admitted position that the compensation has not been paid to the owners, in view of the settled position, this Court has to give a declaration that the proceedings have lapsed. Ordered accordingly.
4. Now that the entire acquired land has been used by the State, the only option available to them is to initiate fresh proceedings under the 2013 Act within six months from today.
5. We make it clear that in case no steps are taken for acquisition under the 2013 Act, the respondent-State shall not lay any claim in respect of the land in dispute.
6. With the above observations and directions, this appeal is disposed of. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ R. BANUMATHI ] New Delhi; August 03, 2017. ITEM NO.2 COURT NO.6
SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Civil) No. 2051[1] of 2008 M/S.ANSAL PROPERTIES & INFRAST.LTD. Appellant(s)
VERSUS
JUSTICE KURIAN JOSEPH HON'BLE MRS.
JUSTICE R. BANUMATHI For Appellant(s) Mr. Chinmayee Chandra, Adv. Mr. Vikas Agarwal, Adv. Mr. Vinay Arora, Adv. Mr. Sanjay Jain, AOR For Respondent(s) Mr. Tushar Mehta, ASG Mr. Anil Grover, Adv. Mr. Ajay Bansal, Adv. Mr. Sanjay Kumar Visen, AOR Mr. Gaurav Yadava, Adv. Mr. Satish Kumar, Adv. Mr. Ugra Shankar Prasad, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of in terms of the signed non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN)