DELHI DEVELOPMENT AUTHORITY v. SHIREEN SUBRAMANYA AND ORS. (2016) INSC 902 (15 November 2016)

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DelhiDevelopmentAuthority.…. Appellant(s)

v.

ShireenSubramanya& Ors. .…. Respondent(s)

Civil Appeal No. 10859 of 2016

[@ Special Leave Petition (C) No. 33516 of 2016]

[@ CC No. 19086 of 2016]

Decided on November 15, 2016

The Judgment of the Court was delivered by

" id="FJUD01 Kurian Joseph, J.:— 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 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 original land owners.

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

8.No costs.

[1]

  1. Delhi Development Authority v. Shireen Subramanya, 2016 SCC OnLine SC 1451