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Jagjiwan Coop. Group Housing Society Ltd. & Ors. v. Lt. Governor, NCT of Delhi & Ors.

Civil Appeal · 2019 INSC 1185Decided 24 Oct 2019
Civil Appeal No. 3278 of 2012
Justice Arun Mishra · Justice S. Ravindra Bhat

Background

Land belonging to a cooperative housing society in Mehrauli, Delhi was notified for acquisition in 1999 for the Vasant Kunj residential scheme, with the normal objection-hearing process (Section 5A inquiry) dispensed with by invoking an urgency provision. The society challenged the acquisition, and the Delhi High Court partly ruled in its favour, upholding the basic acquisition notification but striking down the use of the urgency clause. The appeal was briefly disposed of and later revived because of a new 2013 land acquisition law that could have caused the acquisition to lapse, before finally coming back before the Supreme Court on merits.

Decision Breakdown

The Supreme Court found no merit in the society's case. It held there was no reason to direct de-notification of the land, especially since an earlier request for de-notification had already been considered and rejected by the appropriate government authority. The Court held that the mere fact that one of the appellants was a cooperative society with a genuine housing need did not change the legal position or entitle it to special treatment, since this fact had already been taken into account at the time of acquisition. Finding no illegality in the acquisition proceedings, the Court dismissed all the connected appeals.

Lesson Learnt

Courts will not order government-acquired land to be released simply because the acquiring party is a cooperative housing society with a genuine housing need, once a de-notification request has been properly considered and rejected, and no illegality is shown in how the land was acquired, the acquisition will be allowed to stand.

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

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