Delhi Development Authority v. Simla Devi and Ors.
Background
The Delhi Development Authority (DDA) appealed against a ruling that went against it on the question of whether old land acquisition proceedings over land belonging to Simla Devi and others had lapsed. The Supreme Court noted that this very issue, in principle, had already been decided against the DDA in two of its own earlier judgments covering similar facts (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015).
Decision Breakdown
Applying its own binding precedents on the same point, the Court dismissed the DDA's appeal. However, recognising the "peculiar facts and circumstances" of the case, it granted the DDA a window of six months to exercise its liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to initiate fresh acquisition proceedings by issuing a notification under Section 11 of that Act. The Court directed that if no fresh notification was issued within six months, the DDA, if it was in possession of the land, would have to hand back physical possession to the owner, with no order as to costs.
Lesson Learnt
When land acquisition proceedings are found to have lapsed under the 2013 Act, the acquiring authority does not automatically lose the land forever: it may get a limited window to restart acquisition properly, but if it misses that window, possession must revert to the original landowner.