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Civil Property & InheritanceSupreme Court of India

Government of NCT of Delhi (Land & Building Department) & Anr. v. Gautam Chopra & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 123 of 2017)Decided 5 Jan 2017
Civil Appeal No. 123 of 2017
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

The Government of NCT of Delhi and the Delhi Development Authority were contesting rulings that their land acquisition proceedings against the respondent landowners had lapsed under Section 24(2) of the 2013 land acquisition law. The Supreme Court had already decided the identical legal issue against the requisitioning authority (DDA) in two earlier judgments (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015), so these three connected appeals raised the same point.

Decision Breakdown

The Court held that the issue was, in principle, already covered against the appellants by its own prior rulings dismissing the DDA's appeals on the same point, and accordingly dismissed all three appeals. However, in the peculiar facts of these cases, it granted the appellants a one-year window to exercise their liberty under Section 24(2) of the Act to initiate fresh acquisition proceedings by issuing a fresh Section 11 notification. It made clear that if no fresh notification issued within that year, the appellants (if in possession) would have to hand back physical possession of the land to the original owners.

Lesson Learnt

Once land acquisition proceedings lapse in law for prolonged inaction, the authority does not automatically lose all recourse: courts may still give it a limited, time-bound opportunity to restart the process properly, failing which the land must go back to its original owner.

Government of NCT of Delhi (Land & Building Department) & Anr. v. Gautam Chopra & Ors. – Legal Case Shots | LegalAware