VidhiSangh

Supreme Court of India · 17/05/2024

GOVERNMENT OF NCT OF DELHI & ANR. versus M/S BSK REALTORS LLP & ANR.

[2024] 5 S.C.R. 1159 · 2024 INSC 455

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Summary

The Court resolved groups of Delhi land-acquisition cases affected by the overruling of Pune Municipal Corporation in Indore Development Authority. It rejected the asserted res judicata bar between authorities without conflicting interests and used Article 142 exceptionally to reconcile finality with public infrastructure needs. Different groups received a fresh acquisition window, restoration of the old acquisition, or remand to determine the rightful compensation claimant; the directions were expressly fact-sensitive.

Issues

  1. Whether an earlier unsuccessful appeal by one acquiring authority barred another authority’s challenge.
  2. Whether non-disclosure of earlier proceedings warranted dismissal.
  3. How merger and finality operated after the change in Section 24(2) law.
  4. Whether subsequent purchasers could claim acquisition lapse.
  5. Which groups required fresh acquisition, restoration of acquisition or factual remand.

Provisions considered

Held

Result

Groups A/B.1 and C.1 received modified fresh-acquisition directions; C.2/C.3 acquisitions were restored. Overriding Group E cases, including BSK Realtors, were remanded for claimant and applicable-regime determinations. B.2 was dismissed as infructuous; D.1/D.2 detached for separate hearing. No costs in disposed matters.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 1159.