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Delhi Development Authority v. Bharat Kumar & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8564 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8564 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA had notified acquisition of the respondent's land but had not completed payment of compensation or taking of physical possession within the statutory period. The respondent succeeded before the High Court in having the acquisition declared 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 the issue, in principle, was already covered against DDA by its earlier judgment in Civil Appeal No. 8477 of 2016 (arising from SLP(C) No. 8467 of 2015), and dismissed the appeal on that basis. As a concession on the specific 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 owner.

Lesson Learnt

A land acquisition that sits unpaid and unpossessed for too long can lapse under Section 24(2), returning effective control of the land to its original owner, though the acquiring body may still get one final, time-limited window to do it right.

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

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