DELHI DEVELOPMENT AUTHORITY v. HARISH SAWHNEY

Supreme Court of India · 29 Nov 2016
Kurian Joseph; Rohinton Fali Nariman
CIVIL APPEAL NO. 11855 OF 2016
property appeal_dismissed Significant

AI Summary

The Supreme Court dismissed the appeal and directed the appellant to initiate fresh land acquisition proceedings under the 2013 Act within one year or return possession to the landowners.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 11855 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 8771 OF 2016 ]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
HARISH SAWHNEY & ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. This is a case where transfer is made after Section 4(1) Notification under The Land Acquisition Act, 1894, but prior to Section 6(1) Declaration.

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.

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 owner. Page 2 Pending applications, if any, stand disposed of. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ ROHINTON FALI NARIMAN ] New Delhi; November 29, 2016.