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Delhi Development Authority v. Kram Singh @ Bikram Singh @ Jagdish and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9678 of 2016)Decided 23 Sept 2016
Civil Appeal No. 9678 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The Delhi Development Authority (DDA) challenged a decision that had gone against it on a land acquisition issue involving the respondent landowners. The Court noted that the same point of principle had already been decided against the DDA in two earlier Supreme Court appeals (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015).

Decision Breakdown

Following its own earlier rulings on the identical issue, the Court dismissed the DDA's appeal. However, in light of the particular facts, it gave the DDA a one-year window 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 restart acquisition proceedings afresh by issuing a fresh Section 11 notification. The Court made clear that if DDA failed to initiate fresh acquisition within that one year, and if it was in possession of the land, it would have to hand physical possession back to the original landowner.

Lesson Learnt

Under the 2013 land acquisition law, if the government lets an old acquisition lapse (for non-payment of compensation or non-possession within five years), it does not automatically lose all options, but it must restart the acquisition process within the time the Court allows, or it must give the land back to the owner.

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

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