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Delhi Development Authority v. Rajinder Prasad and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8506 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8506 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

This was another appeal by DDA, against Rajinder Prasad and others, concerning land DDA had sought to acquire. As in the connected batch of appeals, the question was whether DDA's acquisition proceedings had lapsed under Section 24(2) of the 2013 Act: an issue already decided against DDA in the lead case, Civil Appeal No. 8477 of 2016.

Decision Breakdown

The Court dismissed the appeal, holding it was covered by the lead decision, while granting DDA one year from the date of the order to initiate fresh acquisition proceedings under Section 11 of the 2013 Act. If DDA did not do so within the year and remained in possession, it was directed to return physical possession of the land to the original owner. Pending applications were disposed of.

Lesson Learnt

Where a government acquisition lapses for delay, the law gives the authority a defined, limited opportunity to restart the process correctly rather than letting it occupy the land indefinitely on the strength of a defunct notification.

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

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