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Delhi Development Authority v. Dhrub Kumar Gupta and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8690 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8690 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The Delhi Development Authority (DDA) challenged a ruling favouring the original landowner, Dhrub Kumar Gupta, over land caught up in old acquisition proceedings whose continued validity was in dispute. The case reached the Supreme Court via a Special Leave Petition converted into this appeal.

Decision Breakdown

Following its own precedent in Civil Appeal No. 8477 of 2016, which decided the same point of principle against DDA, the Court dismissed this appeal too. It gave DDA one year to use its liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to begin fresh acquisition proceedings through a Section 11 notification, failing which it would have to hand back physical possession of the land to the original owner if it was holding it.

Lesson Learnt

Citizens whose land was taken under acquisition proceedings that later lapsed in law have a real, enforceable right to recover possession if the government body does not restart the process properly within the time the Court allows.

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

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