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Delhi Development Authority v. Geeta Gulati & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 11927 of 2016)Decided 6 Dec 2016
Civil Appeal No. 11927 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The Delhi Development Authority (DDA) appealed against a High Court ruling that had gone against it in a land acquisition dispute. The Supreme Court noted the issue was already settled against the DDA by two of its own earlier judgments in similar cases (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015), involving the same point of law.

Decision Breakdown

Following its own precedent, the Supreme Court dismissed the DDA's appeal. However, taking account of the specific facts, it gave the DDA a one-year window to exercise its liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to start fresh acquisition proceedings by issuing a new notification under Section 11 of that Act. The Court made clear that if DDA did not issue such a fresh notification within that year, and if it was in physical possession of the land, it would have to hand back possession to the landowner.

Lesson Learnt

When land acquisition proceedings lapse under the 2013 Act, the acquiring authority does get a further opportunity to start the process afresh, but only within a court-set time limit, after which it must return any land it is holding without a valid acquisition.

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

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