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Delhi Development Authority v. M/s. NIM International Commerce (P) Ltd. and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8577 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8577 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

This was another in the batch of DDA appeals arising from High Court rulings that land acquisition proceedings over the respondent's land had lapsed because compensation had not been paid or possession taken within the time limits of the 2013 land acquisition law.

Decision Breakdown

The Court held the issue was already settled against DDA in its companion judgment in Civil Appeal No. 8477 of 2016 (from SLP(C) No. 8467 of 2015), applying the deemed-lapse rule under Section 24(2) of the 2013 Act. The appeal was accordingly dismissed, with DDA given one year to initiate fresh acquisition under the 2013 Act if it still needed the land, failing which it must return physical possession to the original landowner.

Lesson Learnt

The same binding rule applies across the board to government acquisition bodies: a failure to pay compensation (or take possession) within the statutory deadline causes the old acquisition to lapse, and only a fresh, lawful acquisition under the newer, more protective law can revive the authority's claim to the land.

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

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