VidhiSangh

Supreme Court of India · 29/03/2022

DELHI DEVELOPMENT AUTHORITY versus RAJAN SOOD & ORS.

[2022] 14 S.C.R. 1060 · 2022 INSC 362

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Summary

The High Court declared an acquisition lapsed while an earlier no-coercive-action order restrained the authorities concerning the land. Applying Indore Development Authority, the Court held that the operative restraint period had to be excluded from the statutory five-year computation and reversed the lapse declaration on that ground. It also clarified that the earlier order merely assumed the landowners’ possession for considering their withdrawal application, rather than finally finding possession in their favour.

Issues

  1. Whether the acquisition could be declared lapsed under section 24(2) despite the subsisting court restraint.
  2. Whether the earlier direction to consider withdrawal conclusively established continued possession by the landowners.

Provisions considered

Held

Result

Appeals allowed to the stated extent; the High Court’s declaration of deemed lapse was quashed and set aside. No costs.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 1060.