Delhi Development Authority vs. Kanahaya Lal Kanodia

NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.8500 OF 2016 (Arising out of S.L.P.(C) No.16953 of 2015)

DELHI DEVELOPMENT AUTHORITY Appellant(s)

Versus

KANAHAYA LAL KANODIA AND OTHERS Respondent(s)

J U D G M E N T

KURIAN, J.

Leave granted.

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.

This appeal is, accordingly, dismissed.

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 Digitally signed by SUKHBIR PAUL KAUR Date: 2016.09.10 11:20:27 IST Reason: Signature Not Verified

Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh.

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.

........................J. (KURIAN JOSEPH)

........................J. (ROHINTON FALI NARIMAN)

New Delhi, August 31, 2016 ITEM NO.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). 16953/2015 (Arising out of impugned final judgment and order dated 23/03/2015 in WP No. 7860/2014 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS KANAHAYA LAL KANODIA & ORS. Respondent(s) (with interim relief and office report) Date : 31/08/2016 This petition was called on for hearing today. HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Ms. Binu Tamta,Adv. For Respondent(s) Ms. Pinky Anand, ASG Mr. Ajit Kumar Sinha, Sr.Adv. Ms. Alka Agrawal, Adv. Mr. Vijay Prakash, Adv. Mr. A. Deb Kumar, Adv.

Mr. Sudhakar Dwivedi, Adv.

Ms. Soumya Rathore, Adv.

• Mr. Karan Seth, Adv.
• Mr. Rajesh Ranjan, Adv.
• Mr. D. S. Mahra,Adv.
• Mr. Pradeep Misra,Adv.
• Ms. Sushma Suri,Adv.

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

Leave granted.

CORAM :

The appeal is dismissed in terms of the signed judgment.

Pending applications, if any, stand disposed of.

[RENU DIWAN]	[SUKHBIR PAUL KAUR]
ASSISTANT REGISTRAR	A.R.-CUM-P.S.

(Signed non-reportable judgment is placed on the file)