Delhi Development Authority v. Raghubir Singh & Ors.
Background
The Delhi Development Authority (DDA) had acquired land many years ago, but the landowner, Raghubir Singh, challenged the acquisition. The matter reached the Supreme Court by way of an appeal filed by DDA after losing before the lower forum. The core issue was whether DDA could still enforce the old acquisition given the long delay and non-utilization of the land.
Decision Breakdown
The Court held that this appeal was squarely covered, in principle, against DDA by its own judgment in a companion case, Civil Appeal No. 8477 of 2016 (arising out of SLP(C) No. 8467 of 2015), decided the same day. Following that precedent, the Court dismissed DDA's appeal. However, taking into account the peculiar facts, the Court gave DDA a one-year window to initiate fresh acquisition proceedings by issuing a notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, exercising its liberty under Section 24(2) of that Act.
Lesson Learnt
Where land acquisition proceedings have lapsed under the 2013 Act, the acquiring authority gets one last chance (here, one year) to re-notify and restart acquisition; if it fails to do so within that time, and is in possession, it must hand the land back to the original owner. This gives real teeth to the "deemed lapse" protection for landowners against indefinitely stalled acquisitions.