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Delhi Development Authority v. Shri Balwan Singh and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8529 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8529 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The Delhi Development Authority (DDA) appealed against a decision favouring the original landowner, Shri Balwan Singh, in a dispute over land whose earlier acquisition proceedings had lapsed. The matter reached the Supreme Court via a Special Leave Petition converted into this appeal.

Decision Breakdown

The Court held the issue was already settled against DDA in principle by its earlier decision in Civil Appeal No. 8477 of 2016, and dismissed the appeal accordingly. 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

A long-pending land dispute between a citizen and a government development authority can ultimately turn on a straightforward statutory time-limit point, rather than on the merits of either side's broader claims.

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

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