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Delhi Development Authority v. M/S. BSK Realtors, LLP and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8670 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8670 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

DDA's acquisition proceedings over land belonging to M/S. BSK Realtors, LLP had not resulted in possession being taken or compensation being paid when the 2013 land acquisition law came into force. The High Court held the acquisition had lapsed under Section 24(2), and DDA appealed.

Decision Breakdown

The Supreme Court held the issue was already settled against DDA by its companion judgment, Civil Appeal No.8477 of 2016, and dismissed the appeal, confirming the lapse. It gave DDA one year to initiate fresh acquisition proceedings through a new Section 11 notification, failing which DDA, if in possession, had to return the land to the original owner.

Lesson Learnt

Business entities holding land caught up in long-pending government acquisition can invoke the same statutory lapse protection as individual landowners if compensation was never paid and possession never taken.

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

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