SUPREME COURT OF INDIA

Government of NCT of Delhi & Anr.

Vs.

Satish Kumar Aggarwal & Ors.

C.A.No.8935 of 2016

(Kurian Joseph and R.F.Nariman,JJ.)

08.09.2016

JUDGMENT

Kurian Joseph, J.,  

SLP(Civil)No.18475 of 2015

1. Delay condoned. 

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(C) No.       8467 of 2015.           The appeals filed by the requisitioning authority, namely the Delhi Development Authority, have already been dismissed by this Court.

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.

No costs.