VidhiSangh

Supreme Court of India · 20/01/2023

DELHI DEVELOPMENT AUTHORITY versus ASHA PRAKASH

[2023] 1 S.C.R. 919 · 2023 INSC 69

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Summary

The Delhi High Court entertained a writ petition by a subsequent purchaser, overruling an objection to its maintainability on the strength of Manav Dharam Trust. It then declared that the acquisition had lapsed under Section 24(2) of the 2013 Act, following Pune Municipal Corporation, because compensation had not been paid to the original landowners. The Supreme Court set the declaration aside on both counts. Manav Dharam Trust is no longer good law after Shiv Kumar and later decisions, which hold that a subsequent purchaser has no locus to challenge an acquisition or seek a declaration of its lapse. Pune Municipal Corporation had also been overruled in Indore Development Authority.

Issues

  1. Whether a subsequent purchaser has locus to seek a declaration that an acquisition has lapsed under Section 24(2) of the 2013 Act, and whether the acquisition lapsed for non-payment of compensation to the original landowners.

Provisions considered

Held

Result

Civil Appeal No. 364 of 2023 allowed; the Delhi High Court judgment dated 04.01.2018 in W.P. (C) No. 9545 of 2015 quashed and set aside; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 919.