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Delhi Development Authority v. Nagin Chand Godha and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 12046 of 2016)Decided 8 Dec 2016
Civil Appeal No. 12046 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The Delhi Development Authority (DDA) had acquired land, and the respondent landowner contested the acquisition. The matter reached the Supreme Court on special leave, with the DDA as appellant. The Court noted that the core legal issue in this appeal was already covered against the DDA by two of its own earlier judgments (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015).

Decision Breakdown

The Supreme Court granted leave and then dismissed the DDA's appeal, following the precedents it had already set in the two earlier cases on the same point. However, in light of the specific facts, the Court gave the DDA one year to initiate fresh land acquisition proceedings afresh by issuing a notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relying on the liberty available under Section 24(2) of that Act. It directed that if DDA failed to issue such a notification within that year, and if it was in possession of the land, it must return physical possession to the owner. No costs were awarded.

Lesson Learnt

When land acquisition proceedings are found to have lapsed under the 2013 Land Acquisition Act, the acquiring authority does get a limited window to restart the process properly, but if it misses that window it must hand the land back to the original owner.

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

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