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Delhi Development Authority v. Narendra Kumar Jain & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8534 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8534 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA appealed against a decision favouring respondent Narendra Kumar Jain in a land acquisition dispute, raising the same recurring legal question that the Court had already decided against DDA earlier the same day.

Decision Breakdown

The Court held the issue was covered, in principle, against DDA by its judgment in Civil Appeal No. 8477 of 2016 (arising out of SLP(C) No. 8467 of 2015), and dismissed the appeal on that basis. Taking the specific facts into account, DDA was given one year to exercise its liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to initiate fresh acquisition proceedings via a Section 11 notification.

Lesson Learnt

Part of the same cluster of DDA land cases decided together: the one-year deadline to re-notify acquisition, failing which possession reverts to the landowner, applies uniformly across all of them.

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

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