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DELHI ADMINISTRATION THR. ITS SECRETARY . v. AJIT SINGH (DEAD)

Supreme Court of India | Diary 10061/2015

Status

ROP - of Main Case

Decided On

31-08-2016

Bench

Petitioner

DELHI ADMINISTRATION THR. ITS SECRETARY .

Respondent

AJIT SINGH (DEAD)

Primary Holding

Where acquisition proceedings are deemed to have lapsed under Section 24(2) of the RFCTLARR Act, 2013, the acquiring authority may be granted a reasonable period to initiate fresh acquisition by issuing a notification under Section 11, failing which possession must be restored to the original landowner.

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Full Judgment Text

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8725 OF 2016 (Arising out of S.L.P. (Civil) No. 13561 of 2015 ) DELHI ADMINISTRATION THR. ITS SECRETARY AND ORS. APPELLANT(S) VERSUS AJIT SINGH & ANR. RESPONDENT(S) J U D G M E N T 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. 1

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 2

ITEM NO.330 COURT NO.10 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) No. 13561/2015 (Arising out of impugned final judgment and order dated 16/09/2014 in WPC No. 2777/2014 passed by the High Court of Delhi at New Delhi) DELHI ADMINISTRATION THR. ITS SECRETARY AND ORS. Petitioner(s) VERSUS AJIT SINGH & ANR. Respondent(s) (With appln.(s) for substitution, c/delay in filing substitution appln. And office report) Date : 31/08/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Ms. Rachana Srivastava, Adv. Ms. Monika, Adv. Ms. Sukrit R. Kapoor, Adv. For Respondent(s) Mr. Amrendra Sharan, Sr. Adv. Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. For M/s Saharya & Co. Mr. Gagan Gupta, Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned. Application for substitution of LRs. of deceased Respondent No.1 is allowed. Leave granted. The appeal is dismissed in terms of the signed non-reportable judgment. Pending applications, if any, stand disposed of. (RASHMI DHYANI ) (RENU DIWAN) SR.P.A. ASSISTANT REGISTRAR (Signed non- reportable judgment is placed on the file) 3

NON-REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL No.8725 OF 2016(Arising out of S.L.P. (Civil) No. 13561 of 2015 )DELHI ADMINISTRATION THR. ITS SECRETARY AND ORS. APPELLANT(S) VERSUSAJIT SINGH & ANR. RESPONDENT(S)J U D G M E N TKURIAN, J.1. Leave granted.2. The issue, in principle, is covered against theappellant by judgment in Civil Appeal No.8477 of 2016arising out of Special Leave Petition (Civil) No.8467 of2015.3. 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 itsliberty granted under Section 24(2) of the Right to FairCompensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013 for initiation ofthe acquisition proceedings afresh.15. We make it clear that in case no fresh acquisitionproceedings are initiated within the said period of oneyear from today by issuing a Notification under Section 11of the Act, the appellant, if in possession, shall returnthe physical possession of the land to the original landowner.6. Pending applications, if any, stand disposed of. ...............J. [KURIAN JOSEPH] ...............J. [C. NAGAPPAN]New Delhi,August 31, 20162ITEM NO.330 COURT NO.10 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No. 13561/2015(Arising out of impugned final judgment and order dated16/09/2014 in WPC No. 2777/2014 passed by the High Court of Delhiat New Delhi)DELHI ADMINISTRATION THR. ITS SECRETARY AND ORS. Petitioner(s) VERSUSAJIT SINGH & ANR. Respondent(s)(With appln.(s) for substitution, c/delay in filing substitutionappln. And office report)Date : 31/08/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE C. NAGAPPANFor Petitioner(s) Ms. Rachana Srivastava, Adv. Ms. Monika, Adv. Ms. Sukrit R. Kapoor, Adv. For Respondent(s) Mr. Amrendra Sharan, Sr. Adv. Mr. Vishnu B. Saharya, Adv. Mr. Viresh B. Saharya, Adv. For M/s Saharya & Co. Mr. Gagan Gupta, Adv.

UPON hearing the counsel the Court made the following O R D E RDelay condoned.Application for substitution of LRs. of deceased Respondent No.1 is allowed.Leave granted.The appeal is dismissed in terms of the signed non-reportable judgment.Pending applications, if any, stand disposed of. (RASHMI DHYANI ) (RENU DIWAN) SR.P.A. ASSISTANT REGISTRAR (Signed non- reportable judgment is placed on the file)3

ITEM NO.801 COURT NO.10 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) No(s). 13561/2015 (Arising out of impugned final judgment and order dated 16/09/2014 in WPC No. 2777/2014 passed by the High Court of Delhi at New Delhi) DELHI ADMINISTRATION THR. ITS SECRETARY AND ORS. Petitioner(s) VERSUS AJIT SINGH (DEAD) & ORS Respondent(s) (With office report) Date : 26/08/2016 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Ms. Rachana Srivastava,Adv. For Respondent(s) Mr. Gagan Gupta,Adv. (mentioned by) UPON hearing the counsel the Court made the following O R D E R List on 30.08.2016. (Rajni Mukhi) (Renu Diwan ) SR. P.A. ASSISTANT REGISTRAR

²ITEM NO.801 COURT NO.10 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 13561/2015(Arising out of impugned final judgment and order dated 16/09/2014in WPC No. 2777/2014 passed by the High Court of Delhi at NewDelhi)DELHI ADMINISTRATION THR. ITS SECRETARY AND ORS. Petitioner(s) VERSUSAJIT SINGH (DEAD) & ORS Respondent(s)(With office report)Date : 26/08/2016 This petition was mentioned today.CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMANFor Petitioner(s) Ms. Rachana Srivastava,Adv. For Respondent(s) Mr. Gagan Gupta,Adv. (mentioned by) UPON hearing the counsel the Court made the following O R D E RList on 30.08.2016. (Rajni Mukhi) (Renu Diwan ) SR. P.A. ASSISTANT REGISTRAR

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