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Delhi Development Authority v. Kishan Chand

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8562 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8562 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

Another in the same batch of DDA land acquisition appeals decided on 31 August 2016, though with a slightly different bench composition (Nariman, J. in place of Nagappan, J.). DDA appealed against an order favouring the respondent landowner, the issue being, in principle, already decided against DDA in an earlier case (Civil Appeal No.8477 of 2016).

Decision Breakdown

Leave was granted and the appeal dismissed, following the earlier ruling on the identical issue. DDA was 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 via a Section 11 notification; otherwise, if in possession, it had to return physical possession of the land to the original owner.

Lesson Learnt

The same time-bound remedy applies even when the bench hearing a particular appeal within the series is composed of different judges: the underlying legal principle, not the bench, drives the outcome.

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

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