VidhiSangh

Supreme Court of India · 09/12/2022

DELHI DEVELOPMENT AUTHORITY versus DAYANAND & ORS.

[2022] 17 S.C.R. 829 · 2022 INSC 1269

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Summary

A subsequent purchaser of acquired land in Delhi persuaded the Delhi High Court to declare the acquisition lapsed under Section 24(2) of the 2013 Act. The ground was that compensation for the whole area had not been paid, even though the Land Acquisition Collector and the DDA showed that possession was taken and handed over to the DDA on 26 November 2012. The High Court had relied on Manav Dharam Trust to uphold his standing. The Supreme Court reversed this on two grounds. Under DDA v. Godfrey Phillips, a subsequent purchaser cannot claim lapse. On the merits, Indore Development Authority v. Manoharlal requires both non-possession and non-payment for a lapse. It observed that any unpaid compensation is to be paid to the recorded owner or person entitled when claimed.

Issues

  1. Whether a subsequent purchaser has locus to seek a declaration of lapse under Section 24(2) of the 2013 Act.
  2. Whether an acquisition lapses where possession was taken in 2012 but compensation for the whole area had not been paid.

Provisions considered

Held

Result

Civil Appeal No. 9005 of 2022 allowed without costs; the Delhi High Court judgment dated 19.03.2018 in Writ Petition (C) No. 3357 of 2016 set aside and the writ petition dismissed, with liberty to the recorded owner or person entitled to claim compensation in accordance with law.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 829.