Delhi Development Authority vs Veen Mahajan .

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8147 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 18200 OF 2015]

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

VEENA MAHAJAN AND ORS. Respondent(s)

WITH

CIVIL APPEAL NO. 8148 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 32641 OF 2015]

CIVIL APPEAL NO. 8149 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 7011 OF 2016]

CIVIL APPEAL NO. 8150 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 7014 OF 2016]

CIVIL APPEAL NO. 8151 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 9899 OF 2016]

CIVIL APPEAL NO. 8152 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 10189 OF 2016]

CIVIL APPEAL NO. 8153 OF 2016 [@SPECIAL LEAVE PETITION (C) NO. 9898 OF 2016]

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. It is not in dispute that in all these appeals,

the awards are passed five years prior to 01.01.2014, Signature Not Verified

the date of coming into force of The Right to Fair Digitally signed by JAYANT KUMAR ARORA Date: 2016.10.08 11:19:03 IST Reason:

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 is dated 2

01.01.2014 and that there was no stay operating in

any of the cases of the respondents and yet,

possession has not been taken. Therefore, Section

24(2) of the Act has to apply and the acquisitions

are to be declared as lapsed.

3. In that view of the matter, the appeals are

dismissed.

No costs.

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

.......................J. [ SHIVA KIRTI SINGH]

New Delhi;

August 16, 2016.

3

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8154 OF 2016 [@ SPECIAL LEAVE PETITION(C) NO. 23093 OF 2016]

DELHI DEVELOPMENT AUTHORITY Appellant(s)

VERSUS

ARCHANA KHANNA & ORS. Respondent(s)

J U D G M E N T KURIAN, J.

1. Leave granted.

2. It is not in dispute that in this appeal, the

award is dated 07.01.1999 and that there was no stay

operating and yet, possession has not been taken.

Therefore, Section 24(2) of The Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 has to

apply and the acquisition is to be declared as

lapsed.

3. In that view of the matter, the appeal is

dismissed.

No costs.

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

.......................J. [ SHIVA KIRTI SINGH]

New Delhi;

August 16, 2016 4

CORRECTED

ITEM NO.59 + 60 + 61 COURT NO.9 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). 18200/2015

(Arising out of impugned final judgment and order dated 16/09/2014 in WPC No. 3729/2014 passed by the High Court Of Delhi At New Delhi)

DELHI DEVELOPMENT AUTHORITY Petitioner(s)

VERSUS

VEENA MAHAJAN AND ORS. Respondent(s)

(with office report)

SLP (C) No. 21353 of 2015 (with office report)

SLP (C) No. 30234 of 2015 (with office report)

SLP (C) No. 32639 of 2015 (with office report)

SLP (C) No. 32641 of 2015 (with office report)

SLP (C) No. 33345 of 2015 (with office report)

SLP (C) No. 7011 of 2016 (with office report)

SLP (C) No. 7014 of 2016 (with office report)

SLP (C) No. 9899 of 2016 (with office report)

SLP (C) No. 10189 of 2016 (with office report)

SLP (C) No. 9898 of 2016 (with office report)

with 5 SLP (C) No. 19960 of 2016 (with office report)

SLP (C) No. 19966 of 2016 (with office report)

SLP (C) No. 19970 of 2016 (with office report)

SLP (C) No. 23083 of 2016 (with office report)

SLP (C) No. 23093 of 2016 (with office report)

Date : 16/08/2016 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SHIVA KIRTI SINGH

For Petitioner(s) Mr. Ajit Kumar Sinha, Sr. Adv.

Mr. R. K. Rathore, Adv.

Mr. Anshuman Srivastava, Adv. Mr. Shadman Ali, Adv.

Mr. R. S. Nagar, Adv.

Mr. Satya Siddiqui, Adv. Mr. Bibhu Shankar Mishra, Adv. Mr. D. S. Mahra, Adv.

Ms. Garima Prasad, Adv.

Ms. Binu Tamta, Adv.

Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. for M/s Saharya & Co.

Mr. Ashwani Kumar, Adv.

Mr. Rahul Bhatia, Adv.

Ms. Monika, Adv.

Mr. Sukrit R. Kapoor, Adv. for Ms. Rachna Srivastava, Adv.

Mr. Jagjit Singh Chhabra, Adv.

For Respondent(s) Mr. Pankaj Vivek, Adv.

Mr. Krishan Kumar, Adv.

Mr. T. N. Singh, Adv.

Mr. Vikas K. Singh, Adv.

Mr. Umang Tripathi, Adv. 6

Mr. Atul Kumar, Adv.

Mr. Vikas Pandey, Adv.

Ms. Archana Kumari, Adv. Ms. Sweety Singh, Adv.

Mr. Rajiv Sharma, Adv.

Mr. Ateev Mathur, Adv.

Ms. Richa Oberoi, Adv.

Mr. Gagan Gupta, Adv.

Mr. Bankey Bihari, Adv.

Ms. S. Janjani, Adv.

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

SLP (C) No. 18200 of 2015, 32641 of 2015, 7011 of 2016, 7014 of

2016, 9899 of 2016, 10189 of 2016, 9898 of 2016, 23093 of 2016

Leave granted.

The appeals are dismissed in terms of the signed

non-reportable Judgments.

Pending interlocutory applications, if any, are disposed of.

SLP (C) No. 19970 of 2016

It is not in dispute that the possession has not been taken

within the time permitted under Section 24(2) of the Act.

Therefore, this Special Leave Petition is dismissed.

Pending interlocutory applications, if any, are disposed of.

SLP (C) Nos. 21353 of 2015, 30324 of 2015, 32639 of 2015, 33345

of 2015, 19960 of 2016, 19966 of 2016, 23083 of 2016

List on 23.08.2016.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Two signed non-reportable Judgments are placed on the file)