IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9422 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 33354 OF 2015 ]

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

GREEN FINANCE PVT. LTD. & ORS. Respondent(s)

WITH

CIVIL APPEAL NO. 9423 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 33634 OF 2015 ]

WITH

CIVIL APPEAL NO. 9425 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 8815 OF 2016 ]

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. 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.

3. These appeals are, accordingly, dismissed.

4. In the peculiar facts and circumstances of these cases, 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 original land owner.

Pending applications, if any, stand disposed of.

No costs.

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

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi; September 20, 2016.

NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9424 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 7749 OF 2016 ]

LAND & BUILDING DEPARTMENT THROUGH SECRETARY, GOVT. OF NCT OF DELHI AND ANR. APPELLANT (s)

VERSUS

M/S GREEN FINANCE PVT. LTD. & ORS. RESPONDENT(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The issue, in principle, is covered against the appellants 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. The appeals filed by the requisitioning authority, namely the Delhi Development Authority, have already been dismissed by this Court.

3. This appeal is, accordingly, dismissed.

4. In the peculiar facts and circumstances of this case, the appellants are 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 appellants, if in possession, shall return the physical possession of the land to the original land owner.

Pending applications, if any, stand disposed of.

No costs.

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

.......................J. [ ROHINTON FALI NARIMAN ]

New Delhi; September 20, 2016. ITEM NO. 9 to 16 COURT NO.10 SECTION XIV 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(s). 30734/2015 (Arising out of impugned final judgment and order dated 28/04/2015 in WPC No. 8470/2014 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS SUKHBIR SINGH AND ORS. Respondent(s) (with application for impleadment and office report) with SLP (C) No. 32631 of 2015 (With Office Report) SLP(C) No. 32633 of 2015 (With Office Report) SLP(C) No. 33354 of 2015 (With Office Report) SLP(C) No. 33634 of 2015 (With Office Report) SLP(C) No. 7749 of 2016 (With application for impleadment and office report) SLP(C) No. 8815 of 2016 (With Office Report) SLP(C) No. 8793 of 2016 (With Office Report) Date : 20/09/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN Counsel for the parties Mr. A. Mariarputham, Sr. Adv. Mr. Aruna Mathur, Adv. Mr. Avneesh Arputham, Adv. Mr. Kabir Srivathava, Adv. Mr. Yusuf Khan, Adv.

5

Ms. Anuradha Arputham, Adv. Mr. Vinay Kumar Shailendra, Adv. Ms. Worthing Kasar, Adv. Mr. Vaibhav Asthana, Adv. Mr. Chandrabhushan Prasad, Adv. Mr. Shantanu Sagar, Adv. Mr. Gopi Raman, Adv. Mr. Anmol, Adv. Mr. Atul Kumar, Adv. Mr. Girish Chandra, Adv. Ms. Sweety Singh, Adv. Mr. Rajiv Sharma, Adv. Mr. Vikas Pandey, Adv. Ms. Archana Kumar, Adv. Mr. Sumit Bajaj, Adv. Ms. Mukti Choudhary, Adv. Mr. Gaurav M. Liberhan, Adv. Ms. Garima Prashad, Adv. Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. for M/s Saharya & Co. Mr. Rahul Narayan, Adv. Mr. Shashwat Goel, Adv. Ms. Mala Narayan, Adv. Mr. N. S. Vasisht, Adv. Mr. Vishal Singh, Adv. Mr. Pradeep Misra, Adv. Mr. Govind Goel, Adv. Mr. Ankit Goel, Adv. Mr. Vaibhav Anand, Adv. Mr. Ram Naresh Yadav, Adv. Ms. Rachana Srivastava, Adv. Mr. Sukrit R. Kapoor, Adv. Mr. Vishal Maan, Adv. Mr. Bankey Bihari, Adv. Ms. Binu Tamta, Adv.

6

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

SLP(C) No. 33354 of 2015
SLP(C) No. 33634 of 2015
SLP(C) No. 7749 of 2016
SLP(C) No. 8815 of 2016

Leave granted.

The appeals are dismissed in terms of two signed non-reportable Judgments.

Impleadment application in C.A.No. 9424/2016 [@SLP(C) No. 7749 of 2016] is dismissed.

Pending interlocutory applications, if any, are disposed of.

SLP (C) No. 30734/2015, SLP (C) No. 32631/2015, SLP (C) No. 32633/2015, SLP(C) No. 8793 of 2016

Issue notice in SLP (C) No. 8793 of 2016 to Respondent No. 1 only. Ms. Mukti Choudhary, learned counsel, accepts notice on behalf of Respondent No. 1.

List these matters along with SLP (C) 13381 of 2015 and other batch of matters, which have been ordered to be listed after Diwali vacation on a non-miscellaneous day vide order dated 08.09.2016.

(Jayant Kumar Arora) Court Master (Suman Jain) Court Master

(Two signed non-reportable Judgments are placed on the file)