VidhiSangh

Supreme Court of India · 13/01/2023

GOVT. OF NCT OF DELHI versus SUNIL JAIN & ORS

[2023] 1 S.C.R. 683 · 2023 INSC 39

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Summary

Subsequent purchasers, who held no title at the time of the award, obtained a Delhi High Court declaration that an acquisition had lapsed under Section 24(2) of the 2013 Act because possession had not been taken and compensation had not been paid. The High Court did not consider their locus. It also relied on Pune Municipal Corporation, although possession had not been taken only because the original owners' challenge to the acquisition went up to the Supreme Court. The Supreme Court set the declaration aside and dismissed the writ petition. Under Shiv Kumar and the decisions following it, subsequent purchasers have no locus. Under Indore Development Authority, a period of litigation initiated by landowners is excluded, and they cannot benefit from the non-possession it caused.

Issues

  1. Whether subsequent purchasers can seek a declaration of lapse under Section 24(2) of the 2013 Act, and whether non-taking of possession due to litigation by the original owners can found lapse.

Provisions considered

Held

Result

Civil Appeal No. 280 of 2023 allowed; the Delhi High Court judgment dated 17.07.2017 in W.P. (C) No. 2989 of 2016 set aside and the writ petition dismissed; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 683.