DELHI DEVELOPMENT AUTHORITY v. GEETA GULATI

Supreme Court of India · 06 Dec 2016
Kurian Joseph; Rohinton Fali Nariman
CIVIL APPEAL NO.11927 OF 2016
property appeal_dismissed Significant

AI Summary

The Supreme Court dismissed the Delhi Development Authority's appeal but allowed one year to initiate fresh land acquisition proceedings under the 2013 Act, failing which possession must be returned to the owner.

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Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11927 OF 2016
[ARISING FROM SPECIAL LEAVE PETITION (C) NO. 36039 OF 2016]
[ARISING FROM SPECIAL LEAVE PETITION (C).....CC. NO. 21648/2016]
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
GEETA GULATI AND ORS. RESPONDENT(S)
JUDGMENT
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 Page 2 Act, 2013 for initiation of the acquisition proceedings afresh.

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 owner.

7. Pending applications, if any, stand disposed of.

8. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ ROHINTON FALI NARIMAN ] NEW DELHI; DECEMBER 06, 2016.