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Govt. of NCT of Delhi v. Harkishan

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8720 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8720 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The NCT of Delhi's Land and Building Department had acquired land from Harkishan and others, but had not taken possession or completed the compensation process within the time limits of the new land acquisition law. A finding below held the acquisition had lapsed under Section 24(2) of the 2013 Act, and the government appealed.

Decision Breakdown

The Supreme Court held this was the same recurring issue already decided against similar government appellants in its lead judgment, Civil Appeal No. 8477 of 2016, and dismissed the appeal on that basis. It gave the appellant one year to initiate a fresh acquisition through a new Section 11 notification, directing that if no such notification issued within that period, the appellant (if in possession) must return the land to the original owner.

Lesson Learnt

The protection against stalled land acquisitions under the 2013 Act applies equally to Delhi government departments as it does to bodies like DDA: any acquiring authority that delays taking possession and paying compensation risks losing the acquisition altogether.

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

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