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Delhi Development Authority v. Ramesh Malik and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8635 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8635 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

Another in the series of DDA appeals concerning land for which acquisition had lapsed. The legal issue mirrored the one already decided against DDA in Civil Appeal No. 8477 of 2016 (arising from SLP (C) No. 8467 of 2015).

Decision Breakdown

The Court dismissed DDA's appeal, holding the issue was covered in principle by the earlier ruling. It gave DDA one year from the judgment date to issue a fresh Section 11 notification and restart acquisition under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, failing which DDA (if in possession) would have to return physical possession of the land to the original owner.

Lesson Learnt

A lapsed land acquisition does not automatically let the authority keep possession indefinitely while it decides what to do next: courts can set firm, enforceable deadlines.

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

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