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Delhi Development Authority - Appellant @HASH Mahender Singh and Others

Case No: Civil Appeal No. 8614 of 2016 (Arising out of S.L.P. (Civil) No. 32620 of 2015) with Civil Appeal No. 8730 of 2016 (Arising out of S.L.P. (Civil) No. 30270 of 2015) in W.P.(C) No. 3740 of 2014.

Date of Decision: Aug. 31, 2016

Citation: (2016) 9 JT 657

Hon'ble Judges: Kurian Joseph and C. Nagappan, JJ.

Bench: Division Bench

Advocate: Mr. Amrendra Sharan, Sr. Advocate, Mr. Vishnu B. Saharya, Mr. Viresh B. Saharya, Advocates for M/s Saharya and Co, for the Appellant; Mr. Atul Kumar, Mr. Rajiv Sharma and Mr. Vikas Pandey, Advocates, for the Respondents

Final Decision: Disposed Of

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Judgement

Mr. Kurian Joseph, J. - Special Leave Petition(C) No.30270 of 2015 is taken on board.

2. Leave granted.

3. 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.

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 land to the original land owner.

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