Delhi Development Authority vs. Unique Wood Product

ITEM NOS.4 +27 COURT NO.8 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).......... of 2016 (CC No. 19086/2016) (Arising out of impugned final judgment and order dated 05/10/2015 in WPC No. 1422/2015 passed by the High Court of Delhi at New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS DEVESH CHHABRA AND ORS. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) WITH S.L.P.(C)...CC No. 19113/2016 (With appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 19151/2016 (With appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 19535/2016 (With appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 19459/2016 (With appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 19558/2016 (With appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 19674/2016 (With appln.(s) for c/delay in filing SLP and Office Report) S.L.P.(C)...CC No. 20011/2016 (With appln.(s) for c/delay in filing SLP and Office Report) Date : 18/10/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Ashwani Kumar, Adv. Mr. Rahul Bhatia, Adv. Ms. Garima Prashad, Adv. Digitally signed by RAJNI MUKHI Date: 2016.10.22 10:23:13 IST Reason: Signature Not Verified

1

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

CC. Nos. 19086, 19151, 19558 & 20011 of 2016

Delay condoned.

Leave granted.

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

CC Nos. 19113, 19535 & 19674 of 2016

Delay condoned.

Issue notice returnable on 23.11.2016.

CC No.19459 of 2016 List on 28.10.2016.

(Rajni Mukhi) (Renu Diwan) SR. P.A. ASSISTANT REGISTRAR

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

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.10205 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30690 OF 2016 ] [@ CC No. 19086 of 2016]

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

DEVESH CHHABRA AND ORS. Respondent(s)

WITH

CIVIL APPEAL NO. 10206 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30691 OF 2016 ] [@ CC No.19151 of 2016]

WITH

CIVIL APPEAL NO.10208 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30693 OF 2016 ] [@ CC No.19558 of 2016]

WITH

CIVIL APPEAL NO. 10209 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO.30695 OF 2016 ] [@ CC No.20011 of 2016]

J U D G M E N T

KURIAN, J.

1. 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. These appeals are, accordingly, dismissed.

5 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.

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 owner.

Pending applications, if any, stand disposed of. No costs.

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

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

New Delhi; October 18, 2016.