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Delhi Development Authority v. Banwarilal and Brothers

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8543 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8543 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA had acquired land belonging to Banwarilal and Brothers without taking possession or completing compensation within the statutory period, leading to a finding below that the acquisition had lapsed under Section 24(2) of the 2013 Act. DDA appealed that finding to the Supreme Court.

Decision Breakdown

Following its lead decision in Civil Appeal No. 8477 of 2016 on the same recurring point, the Court held the issue was covered against DDA and dismissed the appeal. It gave DDA one year to initiate fresh acquisition through a new Section 11 notification, failing which DDA (if in possession) had to return physical possession of the land to the original owner.

Lesson Learnt

Delay in completing a land acquisition, specifically failing to take possession or pay/deposit compensation, can cause the acquisition to lapse by law, but the acquiring authority may still get a limited second chance to start over if the court allows it.

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

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