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Delhi Development Authority v. Ajit Singh and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8536 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8536 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA had acquired the land at issue years before but never took physical possession, despite there being no stay in place. The landowner obtained a ruling below that the acquisition had lapsed under the 2013 land acquisition law, which DDA then appealed.

Decision Breakdown

The Supreme Court held the issue was already settled against DDA by its earlier decision in Civil Appeal No.8477 of 2016 (arising out of SLP(C) No.8467 of 2015) and dismissed the appeal. It gave DDA a one-year period from the date of the order to initiate fresh acquisition by issuing a new Section 11 notification, and directed that if DDA failed to do so and was in possession of the land, it must return physical possession to the original owner.

Lesson Learnt

Government authorities cannot treat an old land acquisition notification as permanently valid if they never follow through with taking possession: the 2013 Act builds in a mechanism for such acquisitions to lapse.

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

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