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Delhi Development Authority v. Surender Singh and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8511 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8511 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

DDA's decades-old acquisition proceedings over Surender Singh's land had not resulted in either possession being taken or compensation being paid by the time the 2013 land acquisition law came into force. The High Court held the acquisition had lapsed under Section 24(2) of that Act, and DDA appealed.

Decision Breakdown

The Supreme Court held the question was already settled against DDA by its companion ruling in Civil Appeal No.8477 of 2016 and dismissed the appeal on that basis, upholding the lapse. It gave DDA a one-year window to initiate a fresh acquisition via a new Section 11 notification, failing which DDA, if in possession, had to restore the land to the original owner.

Lesson Learnt

The 2013 land acquisition law gives landowners a real remedy against decades-long, unpaid acquisition proceedings, once the statutory conditions for lapse are met, the acquiring authority cannot simply rely on the old proceedings forever.

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

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