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Delhi Development Authority v. Vivek & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9898 of 2016)Decided 30 Sept 2016
Civil Appeal No. 9898 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The Delhi Development Authority (DDA) appealed against orders holding that its land acquisition proceedings against the respondents had lapsed. The appellants argued the acquisition should stand, but the Court noted the point was already settled against DDA by two of its own earlier precedents (Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015) dealing with the same legal issue.

Decision Breakdown

The Court condoned delay, granted leave, and dismissed DDA's appeals on the ground that the issue was already covered against it by binding precedent. However, taking into account the facts of this case, the Court gave DDA one year from the date of the order to initiate fresh acquisition proceedings by issuing a fresh Section 11 notification under the 2013 Act. If DDA failed to do so within that year, it was directed to return physical possession of the land to the original owner (if DDA was in possession).

Lesson Learnt

Even when a land acquisition is held to have lapsed, the acquiring authority may still get a limited window to restart the process afresh under the proper legal procedure, but if it misses that window, it must hand the land back to the original owner.

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

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