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Delhi Development Authority v. Sarla Kataria and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8694 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8694 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The Delhi Development Authority (DDA) appealed against a decision favouring the original landowner, Sarla Kataria, over land whose acquisition under the earlier law had lapsed. The matter came to the Supreme Court via a Special Leave Petition converted into this appeal.

Decision Breakdown

The Court found the issue was already decided against DDA in principle by its earlier ruling in Civil Appeal No. 8477 of 2016, and dismissed the appeal on that basis. It gave DDA one year to exercise its liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by issuing a fresh Section 11 notification to restart acquisition, failing which, if in possession, it would have to return physical possession to the original owner.

Lesson Learnt

Even a public authority like DDA must follow the same legal clock as any private party: if it misses the window the law and the Court give it, it loses the right to retain the land.

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

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