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Government of NCT of Delhi vs. Ravinder Kumar Jain & Ors.

Civil Appeal · 2023 INSC 558Decided 18 May 2023
Civil Appeal No. 3621 of 2023
Abhay S. Oka · Rajesh Bindal

Background

Land was notified for acquisition in 1980 and an award was made in 1987. The original owner's challenge to the acquisition was dismissed for non-prosecution in 2004. The respondent bought the land in 2003, after the acquisition process had already begun, and later filed a writ petition claiming that since neither possession nor compensation had been finalised, the acquisition had lapsed under Section 24(2) of the 2013 Act. The Delhi High Court agreed and allowed the writ petition, prompting the Delhi government to appeal to the Supreme Court.

Decision Breakdown

Relying on its earlier three-judge bench ruling in Shiv Kumar v. Union of India and the Constitution Bench decision in Indore Development Authority v. Manoharlal, the Supreme Court held that a sale of land made after the Section 4 acquisition notification is void as against the State, and such a purchaser acquires no title and therefore has no legal standing ("locus") to invoke Section 24(2) to claim the acquisition has lapsed. Since the respondent had purchased the land in 2003, well after the 1980 notification, he was not a "beneficiary" entitled to protection under the 2013 Act. The Court set aside the High Court's judgment and dismissed the respondent's writ petition, allowing the government's appeal.

Lesson Learnt

Buying land that has already been through the government acquisition process is legally risky: such purchasers generally get no ownership rights and cannot later use land-acquisition-lapse provisions to reclaim or retain the property, no matter how long they have occupied it.

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

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