SUPREME COURT OF INDIA

Delhi Development Authority

Vs.

S.K.Garg & Ors.

C.A.No.10806 of 2016

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

11.11.2016

JUDGMENT

Kurian Joseph,J.,

SLP(Civil)No.33306 of 2016

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.

7. No costs.