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Land Acquisition Collector (South) and Anr. v. M/S. Harmony Properties Pvt. Ltd. & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 777 of 2017)Decided 20 Jan 2017
Civil Appeal No. 777 of 2017
Justice Kurian Joseph · Justice A.M. Khanwilkar

Background

The case concerned a batch of three connected land acquisition appeals filed by the Land Acquisition Collector (South) and others. Counsel for the appellants informed the Court that connected appeals filed by the Delhi Development Authority over the same or a related acquisition had already been dismissed, but with liberty granted to initiate fresh acquisition proceedings within one year under the newer 2013 land acquisition law (The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013).

Decision Breakdown

Delay in filing was condoned and leave was granted. Following the same fate as the Delhi Development Authority's connected appeals, the Supreme Court dismissed these three appeals as well, but expressly preserved the same liberty for the appellants to initiate fresh acquisition proceedings within one year under the 2013 Act. No costs were awarded.

Lesson Learnt

When an older land acquisition is struck down or lapses, the acquiring authority is not necessarily shut out forever: courts can allow a fresh attempt at acquisition under the law currently in force, within a defined time window.

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

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