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D.D.A. v. Raman Grover and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4995 of 2016)Decided 10 May 2016
Civil Appeal No. 4995 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The Delhi Development Authority (DDA) had acquired a plot of land, including 1100 square yards belonging to the respondent, under an award passed way back in 1986. The respondent challenged the acquisition in the High Court, which declared that the acquisition proceedings over this land had lapsed because of Section 24(2) of the 2013 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. DDA appealed to the Supreme Court against that declaration.

Decision Breakdown

DDA's own senior counsel conceded before the Court that physical possession of the 1100 sq. yards belonging to the respondent had never actually been taken, even though the award was passed in 1986. Since Section 24(2) of the 2013 Act deems acquisition proceedings to have lapsed where an award is five years or older and possession was never taken (and compensation not paid), the Court held that this concession was fatal to DDA's case. The appeal was accordingly dismissed with no order as to costs, upholding the High Court's finding that the acquisition had lapsed for this parcel.

Lesson Learnt

Under land acquisition law, an acquiring authority cannot keep an award alive indefinitely without taking possession or paying compensation: if it sits on an old award for too long, the landowner can get the acquisition declared lapsed and keep the land.

Official source (sci.gov.in)View Judgment (PDF)

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