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Delhi Development Authority v. Harish Sawhney & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 11855 of 2016)Decided 29 Nov 2016
Civil Appeal No. 11855 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The dispute involved land where a transfer had been made after the Section 4(1) notification under the Land Acquisition Act, 1894 was issued, but before the Section 6(1) declaration was made. DDA, as the acquiring authority, appealed against a High Court order that went against it.

Decision Breakdown

The Supreme Court dismissed DDA's appeal, holding that given the peculiar facts (the transfer occurring in the gap between the Section 4(1) notification and the Section 6(1) declaration), DDA would be given one year 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 initiate fresh acquisition proceedings. The Court directed that if no fresh notification under Section 11 of the 2013 Act was issued within that year, DDA (if in possession) would have to return physical possession of the land to the owner.

Lesson Learnt

Under Section 24(2) of the 2013 land acquisition law, old acquisition proceedings that have stalled for years can lapse, but courts may give the acquiring authority a defined window (here, one year) to restart the process properly before the landowner's possession rights are restored.

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

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