VidhiSangh

Supreme Court of India · 16/01/2023

DELHI DEVELOPMENT AUTHORITY versus BEENA GUPTA (D) THROUGH LRS. & ORS.

[2023] 1 S.C.R. 719 · 2023 INSC 47

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Summary

Land in village Mundaka was notified in 2005, and the award was declared in 2007. Possession was taken by panchnama on 15.12.2007. In 2010 the writ petitioner acquired 275 square yards through a GPA, will, agreement to sell and receipt. The Delhi High Court nevertheless declared the acquisition lapsed under Section 24(2) of the 2013 Act for non-payment of compensation. The Supreme Court set the declaration aside and dismissed the writ petition. Under Shiv Kumar, Pawan Kumar and Godfrey Phillips, a person who acquires an interest after the acquisition and award has no locus to challenge the acquisition or seek its lapse. On the merits too, under Indore Development Authority there was no lapse because possession had been taken.

Issues

  1. Whether a subsequent purchaser who acquired an interest after the acquisition and award has locus to seek a declaration of lapse under Section 24(2) of the 2013 Act, and whether the acquisition lapsed where possession was taken in 2007.

Provisions considered

Held

Result

Civil Appeal No. 9287 of 2022 allowed; the Delhi High Court judgment dated 01.11.2018 in W.P. (C) No. 3986 of 2018 quashed and set aside and the writ petition dismissed; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 719.