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Delhi Development Authority v. Kiran Rai & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8686 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8686 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

This is one of several near-identical appeals filed by the DDA challenging findings that its land acquisition over certain plots had lapsed. The legal question was the same one already settled against DDA in Civil Appeal No. 8477 of 2016.

Decision Breakdown

The Court dismissed DDA's appeal, holding the issue was covered in principle against DDA by its earlier ruling. It granted DDA a one-year window to initiate fresh acquisition proceedings under Section 24(2) of the 2013 Act by issuing a fresh Section 11 notification, failing which DDA (if in possession) was directed to return physical possession of the land to the original owner.

Lesson Learnt

Government authorities cannot indefinitely sit on an old land acquisition; if compensation and possession formalities are not completed, the acquisition can lapse, though the law gives the authority a fixed grace period to restart the process properly.

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

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