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Delhi Development Authority v. Sushil Kumar Jain and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8622 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8622 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

DDA again appealed over land where acquisition proceedings had lapsed, raising the same legal question already decided against it in Civil Appeal No. 8477 of 2016 (arising from SLP (C) No. 8467 of 2015).

Decision Breakdown

The Court dismissed the appeal as covered by the earlier precedent, but gave DDA one year from the date of judgment to issue a fresh notification under Section 11 and restart acquisition under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. If DDA failed to act within that year, and was in possession, it was directed to return physical possession to the original landowner.

Lesson Learnt

Citizens whose land was earmarked for acquisition years ago, but where the process stalled, have a real legal mechanism (Section 24(2) of the 2013 Act) to reclaim their land if the authority does not restart proceedings in time.

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

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