DELHI DEVELOPMENT AUTHORITY Vs. S.K. GARG AND ORS.

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

Appeal (Civil), 10806 of 2016, Judgment Date: Nov 11, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 10806 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 33306 OF 2016 ]
         [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 20805 OF 2016 ]


      DELHI DEVELOPMENT AUTHORITY                        Appellant(s)

                                   VERSUS

      S. K. GARG & ORS.                                 Respondent(s)

                                    WITH

                      CIVIL APPEAL NO. 10810-11 OF 2016
            [@ SPECIAL LEAVE PETITION (C) NO. 33314-15 OF 2016 ]
      [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 18866-18867 OF 2016 ]

                       CIVIL APPEAL NO. 10812 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 33316 OF 2016 ]
         [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 18777 OF 2016 ]

                      CIVIL APPEAL NO. 10813-14 OF 2016
            [@ SPECIAL LEAVE PETITION (C) NO. 33317-18 OF 2016 ]
      [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 19068-19069 OF 2016 ]

                       CIVIL APPEAL NO. 10816 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 33319 OF 2016 ]
         [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 19545 OF 2016 ]

                      CIVIL APPEAL NO. 10817-18 OF 2016
            [@ SPECIAL LEAVE PETITION (C) NO. 33322-23 OF 2016 ]
      [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 19553-19554 OF 2016 ]

                       CIVIL APPEAL NO. 10819 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 33324 OF 2016 ]
         [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 16079 OF 2016 ]

                       CIVIL APPEAL NO. 10820 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 33325 OF 2016 ]
         [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 20177 OF 2016 ]

                      CIVIL APPEAL NO. 10821-22 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 33326 OF 2016 ]
      [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 20763-20764 OF 2016 ]

                       CIVIL APPEAL NO. 10823 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 33328 OF 2016 ]
         [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 21029 OF 2016 ]

                     CIVIL APPEAL NO. 10808-09  OF 2016
            [@ SPECIAL LEAVE PETITION (C) NO. 33310-11 OF 2016 ]
      [ @ SPECIAL LEAVE PETITION (C).....CC. NO. 21019-21020 OF 2016 ]

                               J U D G M E N T

KURIAN, J.
1.    Delay condoned.
2.    Leave granted.
3.    On the facts of these cases, it is not disputed that  the  proceedings
have lapsed since the acquisition proceedings have not been taken  to  their
logical conclusion within the period permitted  under   The  Right  to  Fair
Compensation  and  Transparency  in  Land  Acquisition,  Rehabilitation  and
Resettlement Act, 2013.
4.    Therefore, these appeals are dismissed.
5.    However, 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 11 of the Right to Fair Compensation and Transparency in  Land
Acquisition,  Rehabilitation  and  Resettlement  Act,  2013,  if  it  is  so
advised, for acquisition 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.
      Pending applications, if any, stand disposed of.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

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

      New Delhi;
      November 11, 2016.