DELHI DEVELOPMENT AUTHORITY v. RAJENDER SINGH CHAUHAN

Supreme Court of India · 13 Feb 2017
Kurian Joseph; A. M. Khanwilkar
CIVIL APPEAL NO. 2690 OF 2017
property appeal_dismissed Significant

AI Summary

The Supreme Court dismissed the Delhi Development Authority's appeal but allowed time to initiate fresh land acquisition proceedings under the LARR Act, failing which possession must be returned to original owners.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2690 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 17287 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
RAJENDER SINGH CHAUHAN & ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. 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.

3. This appeal is, accordingly, dismissed.

4. In the peculiar facts and circumstances of this case, the appellant is given time upto 31st December, 2017 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. Page 2

5. We make it clear that in case no fresh acquisition proceedings are initiated within the said period 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. [ A. M. KHANWILKAR ] New Delhi; February 13, 2017.