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Delhi Development Authority v. Kedar Nath and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8709 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8709 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The Delhi Development Authority (DDA) appealed against a decision favouring the original landowner, Kedar Nath, in a dispute over land whose earlier acquisition proceedings had lapsed. The matter reached the Supreme Court via a Special Leave Petition converted into this appeal.

Decision Breakdown

The Court found the point of principle already settled against DDA by its earlier decision in Civil Appeal No. 8477 of 2016, and dismissed the appeal. It gave DDA one year to use its liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by issuing a fresh Section 11 notification to restart acquisition, failing which, if in possession, it would have to return physical possession to the original owner.

Lesson Learnt

When an old acquisition is legally dead, the clock does not reset on its own: the authority must act within the court-granted window or lose its claim to the land.

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

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