GOVT. OF NCT OF DELHI THR. SECRETARY LAND AND BUILDING DEPARMENT Vs KAILASH CHAND GUPTA .
Bench: KURIAN JOSEPH,ROHINTON FALI NARIMAN
Case number: C.A. No.-009599-009599 / 2016
Diary number: 23739 / 2015
Advocates: RACHANA SRIVASTAVA Vs
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9599 OF 2016 (Arising out of S.L.P(C) No. 23002 of 2015)
GOVT. OF NCT OF DELHI THROUGH SECRETARY LAND AND BUILDING DEPARTMENT AND OTHERS ... APPELLANT (S)
VERSUS
KAILASH CHAND GUPTA AND OTHERS ... RESPONDENT (S)
J U D G M E N T
KURIAN, J.:
Leave granted.
2. The appellants are aggrieved by the judgment of the High
Court wherein it has been declared that the land acquisition
proceedings have lapsed in view of operation of Section 24(2)
of The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as “2013 Act”). We have dealt with a
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NON-REPORTABLE
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similar issue in Govt. of NCT of Delhi and another v.
Mahender Singh and others (Civil Appeal
No. 9596/2016). Therefore, in terms of the said judgment, this
appeal is dismissed.
3. However, dismissal of this appeal shall not stand in the
way of the appellants to initiate proceedings afresh for the
acquisition of the subject land under the provisions of the 2013
Act.
4. In the peculiar facts and circumstances of this case, the
appellants are given a period of one year to exercise its liberty
granted under Section 24(2) of the 2013 Act for initiation of the
acquisition proceedings afresh.
5. Pending applications, if any, stand disposed of.
6. There shall be no order as to costs.
........................................J. (KURIAN JOSEPH)
......………………………………J. (ROHINTON FALI NARIMAN)
New Delhi; September 22, 2016.
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