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Delhi Development Authority v. Fazruddin and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8613 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8613 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

Another in the same batch of DDA appeals, this one against landowner Fazruddin, concerning whether DDA's land acquisition had lapsed under Section 24(2) of the 2013 Land Acquisition Act. The question of law was identical to the one decided in the Supreme Court's lead judgment, Civil Appeal No. 8477 of 2016 (arising from SLP(C) No. 8467 of 2015).

Decision Breakdown

The Court held the issue was covered against DDA by the lead judgment and dismissed the appeal. It gave DDA one year to initiate fresh acquisition proceedings via a new Section 11 notification, failing which DDA, if still in possession, was ordered to return physical possession of the land to the original owner.

Lesson Learnt

When an acquisition lapses for procedural default, the acquiring authority may still get one final, time-limited chance to start over correctly rather than losing the land claim outright and immediately.

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

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