DELHI DEVELOPMENT AUTHORITY v. JAGBIR SINGH

Supreme Court of India · 31 Aug 2016
KURIAN JOSEPH; ROHINTON FALI NARIMAN
CIVIL APPEAL NO.8510 OF 2016
property appeal_dismissed

AI Summary

The Supreme Court held that land acquisition proceedings lapse if possession and compensation are not completed within the prescribed period under Section 24(2) of the 2013 Act, but allowed the authority one year to initiate fresh proceedings.

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NON­
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8510 OF 2016
(Arising out of SLP(Civil)No.17737 of 2015)
DELHI DEVELOPMENT AUTHORITY ... APPELLANT(S)
VS.
JAGBIR SINGH AND ANR. ... RESPONDENT(S)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. It is seen from the judgment of the High Court that the physical possession of the subject land has not been taken. The compensation also has not been paid to the land owner. Hence, the acquisition proceedings have lapsed in view of Section 24(2) the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Therefore, this appeal stands dismissed.

3. 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 2013 Act for initiation of the acquisition proceedings afresh.

4. Pending applications, if any, stand disposed of ................ J. [KURIAN JOSEPH] ....................... J. [ROHINTON FALI NARIMAN] New Delhi; August 31, 2016.