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Delhi Development Authority v. Ram Prakash Kathuria and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8652 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8652 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The final case in the same series of DDA appeals decided on 31 August 2016, concerning land whose acquisition was found to have lapsed, with DDA appealing an adverse High Court decision.

Decision Breakdown

The Supreme Court held the issue was already covered in principle against DDA by its judgment in the related Civil Appeal No. 8477 of 2016 and dismissed the appeal. It granted DDA one year to initiate fresh acquisition proceedings by issuing a Section 11 notification under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, failing which DDA (if in possession) was directed to return physical possession of the land to the original owner.

Lesson Learnt

Once an acquisition lapses, the acquiring authority's continued possession is conditional on restarting the process within a fixed window: otherwise the land must revert to its original owner.

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

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