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Delhi Development Authority v. Giani and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8667 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8667 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

DDA's acquisition proceedings over Giani's land had not resulted in possession being taken or compensation being paid when the 2013 land acquisition law came into force. The High Court held the acquisition had lapsed, and DDA appealed the finding.

Decision Breakdown

The Supreme Court held the issue was already decided against DDA in its companion judgment, Civil Appeal No.8477 of 2016, and dismissed the appeal, confirming the lapse. It gave DDA one year to initiate fresh acquisition proceedings via a new Section 11 notification, failing which DDA, if in possession, had to return the land to the original owner.

Lesson Learnt

Landowners facing decades-old, unresolved acquisition proceedings should check whether compensation was ever actually paid and possession ever actually taken: if not, the 2013 Act may entitle them to treat the acquisition as having lapsed.

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

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