05 January 2017
Supreme Court
Download

GOVERNMENT OF NCT OF DELHI THROUGH SECRETARY, LAND & BUILDING DEPARTMENT Vs GAUTAM CHOPRA .

Bench: KURIAN JOSEPH,A.M. KHANWILKAR
Case number: C.A. No.-000123-000123 / 2017
Diary number: 7550 / 2016
Advocates: RACHANA SRIVASTAVA Vs


1

Page 1

1

NON REPORTABLE   IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 123 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 391 OF 2017 ] [ @ SPECIAL LEAVE PETITION (C)......CC NO. 4790 OF 2016 ] GOVERNMENT OF NCT OF DELHI THROUGH  SECRETARY, LAND & BUILDING DEPARTMENT AND ANR. APPELLANT (s)

VERSUS GAUTAM CHOPRA  & ORS. RESPONDENT(s)

WITH CIVIL APPEAL NO. 124 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 392 OF 2017 ] [ @ SPECIAL LEAVE PETITION (C)......CC NO. 4942 OF 2016 ]

WITH CIVIL APPEAL NO. 125 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 393 OF 2017 ] [ @ SPECIAL LEAVE PETITION (C)......CC NO. 8077 OF 2016 ]

J U D G M E N T KURIAN, J. 1. Delay condoned.  Leave granted.

2. The issue, in principle, is covered against the appellants 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.  The appeals filed by the requisitioning authority, namely the  Delhi  Development  Authority,  have  already  been dismissed by this Court.

2

Page 2

2

3. These appeals are, accordingly, dismissed.

4. In the peculiar facts and circumstances of these cases, the appellants are 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.

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 appellants,  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.               [ A. M. KHANWILKAR ]  

New Delhi; January 05, 2017.