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Delhi Development Authority v. Banwari Lal Sharma & Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8587 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8587 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

DDA's acquisition proceedings over the respondents' land had not been completed with payment of compensation or taking of physical possession in time. The respondents obtained a High Court finding that the acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and DDA appealed.

Decision Breakdown

The Supreme Court held that the issue of principle was already covered against DDA by its earlier decision in Civil Appeal No. 8477 of 2016 (arising from SLP(C) No. 8467 of 2015) and dismissed the appeal on that ground. As a concession on the facts, DDA was given one year to issue a fresh Section 11 notification and reinitiate acquisition; failing that, if still in possession, it had to return the land to the original owners.

Lesson Learnt

When a land-acquiring authority delays too long in paying compensation or taking possession, the acquisition can lapse under Section 24(2), though the law may still afford the authority one last, time-limited opportunity to start the process over correctly.

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

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