LAND & BUILDING DEPARTMENT, THROUGH SECRETARY, GOVT. OF NCT OF DELHI & ANR. Vs. M/S GREEN FINANCE PVT. LTD. & ORS.

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

Appeal (Civil), 9424 of 2016, Judgment Date: Sep 20, 2016

                                                              NON REPORTABLE

                         IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 9424 OF 2016
              [@ SPECIAL LEAVE PETITION (C) NO. 7749 OF 2016 ]


            LAND & BUILDING DEPARTMENT
            THROUGH SECRETARY, GOVT. OF NCT
            OF DELHI AND ANR.                           APPELLANT (s)

                                   VERSUS


            M/S GREEN FINANCE PVT. LTD. & ORS.          RESPONDENT(s)

                               J U D G M E N T

KURIAN, J.

      1.    Leave granted.

2.    The  issue,  in  principle,  is  covered  against  the  appellants  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.  The appeals filed  by  the
requisitioning authority,  namely  the  Delhi  Development  Authority,  have
already been dismissed by this Court.
3.    This appeal is, accordingly, dismissed.
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 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  appellants,   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;
            September 20, 2016.