VidhiSangh

Supreme Court of India · 25/04/2022

DELHI DEVELOPMENT AUTHORITY versus BHIM SAIN GOEL AND ORS.

[2022] 2 S.C.R. 1164 · 2022 INSC 472

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Summary

Landowners obtained a declaration that an old acquisition had lapsed despite interim orders obtained by them preventing possession. Applying Indore Development Authority, the Court reversed the lapse finding. Subsequent highway-acquisition notifications issued while the appeal was pending did not create a right to compensation under the later regime where the lands were excluded from the final highway award. In the peculiar circumstances, the owners received a fresh opportunity to seek enhanced compensation under the 1894 Act.

Issues

  1. Whether interim orders preventing possession could support a deemed lapse under Section 24(2).
  2. Whether subsequent highway proceedings required compensation under the later regime.
  3. Whether the owners should receive a further opportunity to seek enhancement under the earlier award.

Provisions considered

Held

Result

Appeal allowed; the High Court’s lapse declaration was set aside. The owners were permitted, if they had not already done so, to apply within one month for a Section 18 compensation reference under the 1894 Act, with protection against rejection for delay. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 1164.