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Land and Building Department Thr Secretary Govt. of Nct of Delhi, New Delhi and Vs. Dinesh Kumar and Ors. - Court Judgment

SooperKanoon Citation
CourtSupreme Court of India
Decided On
Judge
AppellantLand and Building Department Thr Secretary Govt. of Nct of Delhi, New Delhi and
RespondentDinesh Kumar and Ors.
Excerpt:
.....the issue, in principle, is covered against the appellant by judgment in civil appeal no.8477 of 2016 arising out of special leave petition (civil) no.8467 of 2015.3. this appeal is, accordingly, dismissed.4. in the peculiar facts and circumstances of this case, 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.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.....
Judgment:

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8718 OF2016(Arising out of S.L.P. (Civil) No.17295 of 2016) LAND AND BUILDING DEPARTMENT THR SECRETARY GOVT. OF NCT OF DELHI, NEW DELHI AND ANR. APPELLANT(S) VERSUS DINESH KUMAR AND ORS. RESPONDENT(S)

JUDGMENT

KURIAN, J.

1. Leave granted.

2. The issue, in principle, is covered against the appellant by judgment in Civil Appeal No.8477 of 2016 arising out of Special Leave Petition (Civil) No.8467 of 2015.

3. This appeal is, accordingly, dismissed.

4. In the peculiar facts and circumstances of this case, 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.

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. ...............J.

[KURIAN JOSEPH]. ...............J.

[C. NAGAPPAN]. New Delhi, August 31, 2016


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