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Delhi Development Authority v. M/s. Runwell (India) Pvt. Ltd. and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8545 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8545 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA had acquired the land in question years earlier but never took physical possession, with no stay operating. The landowner company obtained a ruling below that the acquisition had lapsed under the 2013 land acquisition law, prompting DDA's appeal.

Decision Breakdown

The Court held that the issue was already settled against DDA by its earlier decision in Civil Appeal No.8477 of 2016 (arising out of SLP(C) No.8467 of 2015) and dismissed the appeal. It granted DDA one year from the date of the order to initiate fresh acquisition proceedings by issuing a fresh Section 11 notification, failing which DDA, if in possession of the land, would have to return physical possession to the original owner.

Lesson Learnt

Even a corporate landowner benefits from the same statutory protection as an individual: Section 24(2) of the 2013 Act applies regardless of who the owner is, as long as the acquiring authority failed to take possession or pay compensation in time.

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

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