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Land and Building Department v. Dinesh Kumar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8718 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8718 of 2016
Justice Kurian Joseph · Justice C. Nagappan

Background

The Delhi Land and Building Department had acquired land from Dinesh Kumar and others but had not taken possession or completed compensation within the required time, prompting a finding below that the acquisition had lapsed under Section 24(2) of the 2013 Act. The department appealed.

Decision Breakdown

The Court held the issue was already decided against the department in its lead judgment, Civil Appeal No. 8477 of 2016, and dismissed the appeal on that basis. It allowed the department one year to begin fresh acquisition via a new Section 11 notification, failing which it had to return possession of the land to the original owner.

Lesson Learnt

The same lapse rule that protects landowners against stalled acquisitions by DDA equally restrains the Delhi Land and Building Department when it fails to timely complete possession and compensation.

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

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