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Delhi Development Authority v. Om Prakash and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8676 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8676 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

DDA had old acquisition proceedings pending over Om Prakash's land, but had not taken possession or paid compensation by the time the 2013 land acquisition law came into force. The High Court held the acquisition had lapsed under Section 24(2) of the Act, and DDA appealed.

Decision Breakdown

The Supreme Court held the issue was already settled against DDA in its companion judgment in Civil Appeal No.8477 of 2016, and dismissed the appeal, confirming the lapse. It gave DDA a one-year window to start fresh acquisition proceedings by issuing a new Section 11 notification, failing which DDA, if in possession, had to return the land to the original owner.

Lesson Learnt

A long legal battle over land does not, by itself, protect an acquisition from lapsing; the statutory obligation to pay compensation and take possession within time remains decisive.

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

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