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Delhi Development Authority v. Dharampal & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8570 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8570 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA appealed against a finding that its acquisition of the respondent's land had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Decision Breakdown

The Court held the issue was, in principle, covered against DDA by its judgment in Civil Appeal No. 8477 of 2016, and dismissed the appeal on that basis. DDA was nonetheless given one year to exercise its liberty under Section 24(2) to initiate fresh acquisition proceedings via a Section 11 notification; failing that, if in possession, it had to return the land to the original owner.

Lesson Learnt

The Section 24(2) "lapse" remedy under the 2013 land acquisition law gives landowners a real chance to reclaim land from stalled acquisitions, but courts can still balance this against the public authority's genuine need for the land by allowing a fresh, time-bound attempt at proper acquisition.

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

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