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Civil Property & InheritanceSupreme Court of India

Govt. of NCT of Delhi v. Vikas Malhotra

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8721 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8721 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The Delhi government's Land and Building Department had acquired land from Vikas Malhotra and others without taking possession or completing compensation in time, leading to a finding below that the acquisition had lapsed under Section 24(2) of the 2013 Act. The government appealed.

Decision Breakdown

Treating the issue as already covered against the government by the lead ruling in Civil Appeal No. 8477 of 2016, the Court dismissed the appeal. It gave the appellant one year to issue a fresh Section 11 notification and restart acquisition, failing which it had to return the land (if in its possession) to the original owner.

Lesson Learnt

Delays by a government land department in completing possession and compensation carry the same legal risk of lapse as delays by any other acquiring authority.

Govt. of NCT of Delhi v. Vikas Malhotra – Legal Case Shots | LegalAware