VidhiSangh

Supreme Court of India · 19/05/2022

DELHI DEVELOPMENT AUTHORITY versus SUNIL KHATRI & ORS.

[2022] 4 S.C.R. 68 · 2022 INSC 601

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Summary

Land at village Chattarpur, Delhi, was notified under Section 4 of the Land Acquisition Act, 1894 on 25.11.1980; Section 6 declarations followed in 1985–86 and the award was made on 05.06.1987, but writ petitions produced stays of dispossession and Delhi High Court judgments treating the Section 6 notification as quashed altogether, a view the Supreme Court rejected in Abhey Ram (1997) and Gurdip Singh Uban-I and II (1999–2000). The landowners filed a writ petition in 1999 claiming the acquisition stood quashed and obtained a stay of dispossession on 09.07.1999 operating when the 2013 Act commenced; in 2014 the High Court declared the acquisition lapsed under Section 24(2). The Supreme Court allowed the DDA's appeal: the State could not take possession while the notification stood quashed or stays operated, so there was no stay-free period of five years before 01.01.2014.

Issues

  1. Whether acquisition proceedings in which the award was made in 1987 lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, when possession could not be taken because the High Court had quashed the Section 6 notification (a view later overturned by the Supreme Court) and the landowners themselves held a stay of dispossession when the 2013 Act came into force.
  2. Whether the absence in Section 24(2) of an express exclusion clause of the kind found in Explanation 2 to Section 6 and the Explanation to Section 11-A of the 1894 Act means that periods covered by court orders cannot be excluded in computing the five years.

Provisions considered

Held

Result

Appeal allowed; the Delhi High Court's order of 22.12.2014 in W.P.(C) No. 1786 of 1999 declaring the acquisition of 14 bigha 8 biswa at village Chattarpur lapsed under Section 24(2) of the 2013 Act set aside and the landowners' writ petition dismissed.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 68.