VidhiSangh

Supreme Court of India · 15/12/2022

GOVT OF NCT OF DELHI THROUGH SECRETARY, LAND AND BUILDING DEPARTMENT AND ANR versus RAM PRAKASH SEHRAWAT AND ORS.

[2022] 17 S.C.R. 759 · 2022 INSC 1291

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Summary

Land in Delhi was notified in 1965, the award followed on 19 September 1986, and possession was handed over to the DDA on 22 September 1986. About 29 years later the writ petitioners sought a declaration of lapse under Section 24(2) of the 2013 Act. The Delhi High Court granted it, relying only on non-payment of compensation and on Pune Municipal Corporation. The Supreme Court set this aside. Pune Municipal Corporation has been overruled by Indore Development Authority v. Manoharlal, under which there is no lapse once possession has been taken. The possession proceedings were on record. The petitioners' own pending petition to regularise an illegal colony on the land showed that any occupation was by encroachment.

Issues

  1. Whether an acquisition lapses under Section 24(2) of the 2013 Act merely because compensation was not paid to the recorded owners, where possession was taken and handed over to the DDA in 1986.

Provisions considered

Held

Result

Civil Appeal No. 9201 of 2022 allowed without costs; the Delhi High Court judgment dated 14.09.2015 in Writ Petition (C) No. 4952 of 2015, declaring the acquisition lapsed under Section 24(2) of the 2013 Act, set aside, without comment on the pending Writ Petition No. 9366 of 2005.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 759.