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Delhi Development Authority v. Jagbir Singh and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8510 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8510 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The High Court found, on the facts of this case, that DDA had neither taken physical possession of Jagbir Singh's land nor paid him compensation for it, even though acquisition proceedings had been underway for years. DDA challenged the High Court's consequent finding that the acquisition had lapsed under the 2013 land acquisition law.

Decision Breakdown

The Supreme Court independently confirmed, from the High Court's judgment itself, that possession had not been taken and compensation had not been paid, so the acquisition had indeed lapsed under Section 24(2) of the 2013 Act, and dismissed DDA's appeal. As in the companion matters, the Court gave DDA one year to start fresh acquisition proceedings under Section 24(2) if it wished to pursue the land again.

Lesson Learnt

Courts will independently verify the two statutory triggers, non-payment of compensation and non-taking of possession, before holding an old acquisition has lapsed; a landowner does not need a favourable "by default" ruling, the facts must genuinely support it.

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

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