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Delhi Development Authority v. Mukesh Kochhar and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8671 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8671 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

DDA's acquisition proceedings over Mukesh Kochhar's land 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 challenged this finding.

Decision Breakdown

The Supreme Court held the issue was already decided against DDA in 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 via a new Section 11 notification, failing which DDA, if in possession, had to return the land to the original owner.

Lesson Learnt

Once the Supreme Court settles a legal principle in a lead case, the acquiring authority cannot expect a different outcome merely by filing a fresh appeal on an identical set of facts.

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

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