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Delhi Development Authority v. Harkishan and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8644 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8644 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

This is one of several identical DDA appeals decided on the same day, concerning land acquired by DDA where the acquisition was found to have lapsed. DDA appealed to the Supreme Court after an adverse High Court ruling.

Decision Breakdown

The Supreme Court held the issue was already covered in principle against DDA by its judgment in the related Civil Appeal No. 8477 of 2016, and dismissed the appeal on that basis. It gave DDA one year to initiate fresh acquisition proceedings by issuing a Section 11 notification under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, failing which DDA (if in possession) was directed to hand back physical possession to the original landowner.

Lesson Learnt

A lapsed land acquisition does not entitle the acquiring authority to hold the land indefinitely: it gets only a limited, time-bound chance to restart the acquisition correctly, or must return possession to the owner.

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

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