DELHI DEVELOPMENT AUTHORITY v. MOHD. JAMEEL

Supreme Court of India · 18 Apr 2017
KURIAN JOSEPH; R. BANUMATHI
CIVIL APPEAL NO. 5422 OF 2017
civil appeal_dismissed Significant

AI Summary

The Supreme Court upheld the High Court's order directing the Delhi Development Authority to calculate and pay compensation under the 2013 Land Acquisition Act for land used for public purpose despite procedural lapses.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5422 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 3828 OF 2017 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
MOHD. JAMEEL & ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. Despite findings regarding lapse, the party-respondents have submitted that since the land has been utilized for a public purpose, they would be satisfied with compensation worked out under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013.

3. Admittedly, no compensation has been paid either to the original owner(s) or to the alleged subsequent purchaser(s). Therefore, this case is covered by Delhi Development Authority Vs. Sukhbir Singh & Ors. Reported in 2016 (8) SCALE 655.

4. The only direction issued by the High Court, however, in the peculiar facts of the case, is to work out the compensation under the 2013 Act and disburse the same within the stipulated time. Page 2

5. We see no reason to interfere with the just order passed by the High Court on the fair submission made by the respondents. The appeal is, hence, dismissed. The appellant is granted six months' time to work out the compensation and disburse the same in terms of the impugned order. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ R. BANUMATHI ] New Delhi; April 18, 2017.