DELHI DEVELOPMENT AUTHORITY Vs. HARISH SAWHNEY AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11855 of 2016, Judgment Date: Nov 29, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 11855 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 8771 OF 2016 ]


      DELHI DEVELOPMENT AUTHORITY                        Appellant(s)

                                   VERSUS

      HARISH SAWHNEY & ORS.                             Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    This is a case where transfer is made after Section 4(1)  Notification
under  The  Land  Acquisition  Act,  1894,  but  prior   to   Section   6(1)
Declaration.
3.    This appeal is, accordingly, dismissed.
4.    In the peculiar facts and circumstances of this  case,  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.
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 appellant, if  in  possession,
shall return the physical possession of the land to the owner.
      Pending applications, if any, stand disposed of.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                               [ ROHINTON FALI NARIMAN ]

      New Delhi;
      November 29, 2016.