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Delhi Development Authority v. Sher Singh and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8662 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8662 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

Another in the same series of appeals by the Delhi Development Authority (DDA) against a finding that its acquisition proceedings had lapsed against landowner Sher Singh and others. The point of law was identical to that already decided against the DDA in Civil Appeal No. 8477 of 2016 (arising out of SLP (Civil) No. 8467 of 2015).

Decision Breakdown

Following its own binding precedent on the identical issue, the Court dismissed the DDA's appeal, confirming the lapse of the acquisition. It gave the DDA one year from the date of the order to initiate fresh acquisition proceedings under Section 24(2) of the 2013 Act by issuing a new Section 11 notification; failing that, if the DDA held possession, it was directed to restore physical possession to the original landowner.

Lesson Learnt

When a government acquisition authority fails to complete the legal steps required to take over land or pay compensation within the time limits set by the 2013 land acquisition law, courts will treat the acquisition as having lapsed, though the authority retains a time-bound chance to begin the process afresh.

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

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