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Delhi Development Authority Vs Hardwari Lal Rana

Case No: Civil Appeal No. 126 of 2017 (Arising From Special Leave Petition (C) No. 297 of 2017)(Arising From Special Leave Petition (C).....CC. No.24576 of 2016)

Date of Decision: Jan. 3, 2017

Acts Referred: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Section 24(2)

Citation: (2017) 1 JT 66 : (2017) 1 Scale 560

Hon'ble Judges: Kurian Joseph, J; Rohinton Fali Nariman, J

Bench: Division Bench

Advocate: Ms. Garima Prashad, Advocate, for the Appellants

Final Decision: Disposed Of

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Judgement

Kurian, J. - 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. These appeals are, accordingly, dismissed.

5. In the peculiar facts and circumstances of these cases, 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 lands to the owners.

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

8. No costs.