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Delhi Development Authority v. Geeta Dhawan

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8514 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8514 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA had acquired land belonging to Geeta Dhawan and others without taking possession or completing compensation within the statutory period, resulting in a finding below that the acquisition had lapsed under Section 24(2) of the 2013 Act. This appeal was heard together with one connected appeal (Civil Appeal No. 8728 of 2016) raising the identical point.

Decision Breakdown

The Supreme Court held that the issue in both connected appeals was already covered against DDA by its lead judgment, Civil Appeal No. 8477 of 2016, and dismissed both appeals. It gave DDA one year to start fresh acquisition proceedings by issuing a new Section 11 notification, failing which DDA (if in possession) had to return the land to the original owner.

Lesson Learnt

Where DDA has multiple pending appeals raising the same point about delayed possession and compensation, the Supreme Court will dispose of them together on the same governing precedent rather than treating each as a fresh legal question.

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

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