Delhi Administration thr. Secretary, Land and Building Department and Ors. v. Gaurav Sahni and Ors.
Background
The Delhi Administration challenged a decision adverse to it on an issue concerning land it had sought to acquire, where the land owner (Gaurav Sahni) was contesting the acquisition. The core legal question had already been decided against the Delhi Administration's position in two earlier Supreme Court judgments (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015), which the Court treated as directly covering the issue in this appeal.
Decision Breakdown
The Supreme Court held that the issue was, in principle, already covered against the appellant by its earlier rulings, and accordingly dismissed the appeal. However, recognising the peculiar facts of the case, the Court granted the Delhi Administration a one-year window to exercise its liberty under Section 24(2) of the 2013 Act to initiate fresh acquisition proceedings by issuing a notification under Section 11 of the Act. The Court made clear that if no fresh notification was issued within that one year, the Administration (if in possession) would have to return physical possession of the land to the original owner. All pending applications were disposed of, with no order as to costs.
Lesson Learnt
Where a land acquisition is held to have lapsed under Section 24(2) of the 2013 Act, the government does not lose the land forever: it gets one chance to restart the acquisition process properly and promptly, but if it misses that window, possession must go back to the original owner.