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Delhi Development Authority v. Soshil Kumar Jain and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8659 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8659 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

Another in the batch of DDA appeals against High Court rulings that land acquisition proceedings over the respondent's land had lapsed for non-payment of compensation or failure to take possession within the 2013 land acquisition law's deadlines.

Decision Breakdown

The Court held the issue was already settled against DDA in its companion judgment in Civil Appeal No. 8477 of 2016 (from SLP(C) No. 8467 of 2015), applying the deemed-lapse rule under Section 24(2) of the 2013 Act. The appeal was dismissed, with DDA given one year to initiate fresh acquisition proceedings if it still wished to acquire the land, failing which it must return physical possession to the landowner.

Lesson Learnt

Once again, the Court reaffirmed that a lapsed land acquisition cannot be revived by appeal alone: the acquiring authority must go through a fresh, lawful acquisition process under current law if it still wants the land.

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

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