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Delhi Development Authority v. Lajwanti Jain and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8504 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8504 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

This was another in the series of DDA appeals heard together on 31 August 2016, this time against Lajwanti Jain, over land DDA had sought to acquire. The question was again whether DDA's old acquisition proceedings had lapsed under Section 24(2) of the 2013 Act, an issue already settled against DDA in the lead judgment, Civil Appeal No. 8477 of 2016.

Decision Breakdown

Following the lead ruling, the Court held the issue was covered against DDA and dismissed the appeal. As in the connected matters, it granted DDA a one-year window from the date of the order to initiate fresh acquisition proceedings under Section 11 of the 2013 Act, failing which DDA (if in possession) would have to return physical possession of the land to the original owner. Pending applications were disposed of.

Lesson Learnt

Courts applying a settled legal principle across a batch of similar appeals will dispose of each one the same way, but can still tailor a short, practical relief, like a one-year deadline to restart acquisition, case by case.

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

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