SUPREME COURT OF INDIA

 

Delhi Development Authority

 

Vs.

 

Ishwar Singh

 

C.A.No.6078 of 2017

 

(Kurian Joseph and R.Banumathi,JJ.,)

 

02.05.2017

 

JUDGMENT

 

Kurian Joseph,J.,

 

SLP(Civil)No.14419 of 2017

 

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

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.

 

7. No costs.