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Delhi Development Authority v. Suraj Prakash Batra and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8695 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8695 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The Delhi Development Authority (DDA) appealed against a ruling favouring the original landowner, Suraj Prakash Batra, in a dispute over land whose earlier acquisition had been held to have lapsed. The matter came to the Supreme Court via a Special Leave Petition converted into this appeal.

Decision Breakdown

The Court found the point of principle already settled against DDA by its earlier decision in Civil Appeal No. 8477 of 2016, and dismissed the appeal on that basis. It gave DDA one year to use 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 lapsed acquisition is not a permanent shield for the authority holding the land: the original owner's right to reclaim possession is real if the authority misses its chance to restart the process.

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

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