Delhi Development Authority vs Ishwar Singh .

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6078 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 14419 OF 2017 ] [@ SPECIAL LEAVE PETITION (C) .....CC 19842 OF 2016 ] DELHI DEVELOPMENT AUTHORITY Appellant(s) VERSUS ISHWAR SINGH AND ORS. Respondent(s) KURIAN, J. 1. Delay condoned. 2. Leave granted. 3. Admittedly, the compensation has not been paid to the land owner(s). Therefore, the High Court is right in its conclusion that the proceedings have lapsed. This appeal is, accordingly, dismissed. 4. However, in the peculiar facts and circumstances of this case, the appellant is given a period of six months 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 2 appellant, if in possession, shall return the physical possession of the land to the original land owner. 6. Pending applications, if any, stand disposed of. No costs. .......................J. [ KURIAN JOSEPH ] .......................J. [ R. BANUMATHI ] New Delhi; May 02, 2017. 3 ITEM NO.11 COURT NO.7 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 19842/2016 (Arising out of impugned final judgment and order dated 15/03/2016 in WPC No. 9125/2015 passed by the High Court Of Delhi At New Delhi) DELHI DEVELOPMENT AUTHORITY Petitioner(s) VERSUS ISHWAR SINGH AND ORS. Respondent(s) I.A. 1/2016 (with c/delay in filing SLP) Date : 02/05/2017 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Ms. Garima Prashad, Adv. For Respondent(s) Mr. Kamal Katyan, Adv. Ms. Ruchi Kohli, Adv. Mr. Avtar Singh Chouhan, Adv. UPON hearing counsel the Court made the following Delay condoned. Leave granted. The appeal is dismissed in terms of the signed non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of. (Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar (Signed non-reportable Judgment is placed on the file) 4