Delhi Development Authority vs Khubhi Ram Sharma And Or
- Neutral2017 INSC 185
Ratio decidendi
The rule this decision rests on
Where the principles governing a land acquisition matter are covered by binding precedent decisions of the same court, the court will dismiss an appeal on that ground without revisiting the substantive issues, leaving only consequential or procedural directions to be made in light of the prior rulings.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
CIVIL APPEAL NO. 3363 OF 2017 [ARISING FROM SPECIAL LEAVE PETITION (C) NO. 6958 OF 2017] [ARISING FROM SPECIAL LEAVE PETITION (C).....CC. NO. 23914 OF 2016]
DELHI DEVELOPMENT AUTHORITY APPELLANT(S)
VERSUS
KHUBHI RAM SHARMA AND ORS. RESPONDENT(S)
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. This appeal is, accordingly, dismissed.
5. 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.
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 owner.
7. Pending applications, if any, shall stand disposed of.
8. There shall be no order as to costs.
.......................J. [KURIAN JOSEPH]
.......................J. [R. BANUMATHI] NEW DELHI;
FEBRUARY 27, 2017.
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