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Civil Property & InheritanceSupreme Court of India

Govt. of NCT of Delhi & Ors. v. Kartar Singh & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 11856 of 2016)Decided 29 Nov 2016
Civil Appeal No. 11856 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

These connected appeals, filed by the Government of NCT of Delhi, arose out of land acquisition disputes where the acquisition proceedings had effectively lapsed, with the Delhi Development Authority's own parallel appeals on the identical point already having been dismissed by the Supreme Court. The appellants sought to preserve their position despite the lapse so they could pursue fresh acquisition proceedings for the same land.

Decision Breakdown

The Court held that the issue was already settled against the appellants by its own earlier rulings in two other civil appeals (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015), where the requisitioning authority's (Delhi Development Authority's) appeals on the same point had already been dismissed. Applying that precedent, the Court dismissed all of these connected appeals as well. However, as a balancing measure, it gave the appellants (government authorities) one year from the date of the order to initiate fresh acquisition proceedings afresh under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and directed that if no fresh notification is issued within that year, physical possession of the land (where the authorities are in possession) must be returned to the original landowners.

Lesson Learnt

When land acquisition proceedings lapse under the 2013 land acquisition law, the acquiring authority does not automatically lose all rights over the land forever: courts can give a defined window (here, one year) to start the acquisition process over, but if that window is missed, possession must revert to the landowner.

Govt. of NCT of Delhi & Ors. v. Kartar Singh & Ors. – Legal Case Shots | LegalAware