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Delhi Development Authority v. Om Prakash and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8579 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8579 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

Another in the same batch of DDA appeals, arising from a High Court declaration that land acquisition proceedings over the respondent's land had lapsed for non-payment of compensation or non-taking of possession within the 2013 land acquisition law's deadlines.

Decision Breakdown

The Court held the issue was already settled against DDA in its companion judgment in Civil Appeal No. 8477 of 2016 (from SLP(C) No. 8467 of 2015), under Section 24(2) of the 2013 Act. The appeal was dismissed, with DDA given one year to initiate fresh acquisition proceedings if it still wished to acquire the land, failing which it must return physical possession to the landowner.

Lesson Learnt

Government acquisition authorities cannot rely on an old acquisition award indefinitely, missing the compensation/possession deadlines under the 2013 law causes the acquisition to lapse, and the landowner regains the right to the land absent a fresh, lawful acquisition.

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

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