D. D. A vs. Raman Grover

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.8635 OF 2016 (Arising out of S.L.P. (Civil) No.35221 of 2015)

DELHI DEVELOPMENT AUTHORITY APPELLANT(S)

VERSUS

RAMESH MALIK AND ORS. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Reason:

1. Leave granted.

2. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (C) No.8467 of 2015.

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. Digitally signed by RASHMI DHYANI Date: 2016.09.14 11:13:54 IST Signature Not Verified

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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 original land owner.

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

...............J. [KURIAN JOSEPH]

................J. [C. NAGAPPAN]

New Delhi, August 31, 2016

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.35221/2015

(Arising out of impugned final judgment and order dated 10/11/2014 in WPC No. 4236/2014 passed by the High Court of Delhi at New Delhi)

DELHI DEVELOPMENT AUTHORITY Petitioner(s)

VERSUS

RAMESH MALIK AND ORS. Respondent(s)

(with office report)

Date : 31/08/2016 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE C. NAGAPPAN
• For Petitioner(s) Mr. Amrendra Sharan, Sr. Adv. Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. For M/s Saharya & Co.
• For Respondent(s) Mr. Atul Kumar,Adv. Mr. Rajiv Sharma, Adv. Ms. Sweety Singh, Adv. Mr. Girish Chandra, Adv.

Mr. Lalit Kumar R., Adv. Mr. Vishal Thakur, Adv. Mr. Manoj K. Mishra,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is dismissed in terms of the signed non-reportable judgment.

Pending applications, if any, stand disposed of.

(RASHMI DHYANI) (RENU DIWAN) SR.P.A. ASSISTANT REGISTRAR (Signed Non-reportable judgment is placed on the file)