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Delhi Development Authority vs Mehboob .

Supreme Court31 August 2016Kurian Joseph · C. Nagappan

Ratio decidendi

The rule this decision rests on

Where a land acquisition proceeding initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been found to violate the requirements of that Act (as determined in a parallel proceeding covering the same issue in principle), the acquiring authority may be granted a period within which to initiate fresh acquisition proceedings under Section 24(2) of the Act, and if no fresh notification under Section 11 is issued within that period, the acquiring authority must return physical possession of the land to the original owner.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.8648 OF 2016 (Arising out of S.L.P. (Civil) No.4230 of 2016)

DELHI DEVELOPMENT AUTHORITY APPELLANT(S)

VERSUS

MEHBOOB AND 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

appellant by judgment in Civil Appeal No.8477 of 2016

arising out of Special Leave Petition (Civil) No.8467 of

2015.

3. This appeal is, accordingly, dismissed.

4. 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 Signature Not Verified

of the acquisition proceedings afresh. Digitally signed by RASHMI DHYANI Date: 2016.09.14 11:13:05 IST Reason: 1

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.

6. Pending applications, if any, stand disposed of.

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

...............J. [C. NAGAPPAN]

New Delhi, August 31, 2016

2 ITEM NO.216 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.4230/2016

(Arising out of impugned final judgment and order dated 07/04/2015 in WPC No. 8377/2014 passed by the High Court of Delhi at New Delhi)

DELHI DEVELOPMENT AUTHORITY Petitioner(s)

VERSUS

MEHBOOB 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) Ms. Garima Prashad,Adv.

For Respondent(s) Mr. B. S. Maan, Adv.

Ms. Smita Maan, Adv.

Mr. Vishal Maan, Adv.

Mr. Naresh Maan, Adv.

Mr. Shitiz Agnihotri, Adv.

Mr. Bankey Bihari, Adv.

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)

3

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