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Supreme Court of India

GOVERNMENT OF NCT OF DELHI vs SATISH KUMAR AGGARWAL on 8 September, 2016

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C.A. No.-008935-008935 - 2016Official PDFBench Kurian Joseph, Rohinton Fali NarimanAdvocates RACHANA SRIVASTAVA
NON REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
[@ SPECIAL LEAVE PETITION (C) NO. 18475 OF 2015 ]
GOVERNMENT OF NCT OF DELHI AND ANR. APPELLANT (s)
VERSUS
SATISH KUMAR AGGARWAL AND ORS. RESPONDENT(s)
WITH
[@ SPECIAL LEAVE PETITION (C) NO. 18483 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19550 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19552 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19556 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19558 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19562 OF 2015 ] JUDGMENT
[@ SPECIAL LEAVE PETITION (C) NO. 19567 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19569 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19573 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 19769 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 22986 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 22987 OF 2015 ]
[@ SPECIAL LEAVE PETITION (C) NO. 22989 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. JUDGMENT [ KURIAN JOSEPH ] [ ROHINTON FALI NARIMAN ] New Delhi; September 08, 2016.