Delhi Development Authority vs. Sumana Gupta

Þ1 NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8609 OF 2016 (Arising out of S.L.P.(C) No.32606 of 2015) DELHI DEVELOPMENT AUTHORITY Appellant(s) Versus SUMANA GUPTA 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 Acquisition, Rehabilitation and Resettlement Act, 2013 for initiation of the acquisition proceedings afresh. 2 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. (C. NAGAPPAN) New Delhi, August 31, 2016 3 ITEM NO.158 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.32606/2015 (Arising out of impugned final judgment and order dated 02/02/2015 in WPC No. 8684/2014 passed by the High Court of Delhi at New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS SUMANA GUPTA 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. Jagjit Singh Chhabra,Adv. Mr. Saksham Maheshwari, Adv. Mr. Neeraj Kumar Sharma,Adv. Ms. Pinky Anand, ASG Mr. Ajay Sharma, Adv. Mr. Shankar Divate, Adv. Mr. M. K. Maroria, Adv. Ms. Soumya Rathore, Adv. Mr. N. S. Vasisht, Adv.

Mr. Vishal Singh, Adv. Ms. Jyoti Kataria, Adv. Mr. Pradeep Misra, Adv. 4 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)