VidhiSangh

Supreme Court of India · 20/01/2023

GOVT. OF NCT OF DELHI & ANR. versus RATI RAM & ANR.

[2023] 1 S.C.R. 925 · 2023 INSC 75

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Summary

Land in village Garhi Mendu, Delhi, was notified in 1989 and covered by an award in 1992. Possession was taken by possession proceedings on 25.01.2000 and handed to the DDA. The department's case was that the recorded owner was the Gaon Sabha, not the writ petitioner, who claimed through a bhumidar. The Delhi High Court nevertheless declared that the acquisition had lapsed under Section 24(2) of the 2013 Act, relying on Pune Municipal Corporation. The Supreme Court set the declaration aside and dismissed the writ petition. The High Court had erred in entertaining the petition without considering the petitioner's title, and possession had been taken, which rules out lapse under Indore Development Authority.

Issues

  1. Whether an acquisition lapses under Section 24(2) of the 2013 Act where possession was taken in 2000, and whether a writ petitioner whose title was disputed, the recorded owner being the Gaon Sabha, could seek such a declaration.

Provisions considered

Held

Result

Civil Appeal No. 399 of 2023 allowed; the Delhi High Court judgment dated 30.11.2017 in W.P. (C) No. 12145 of 2015 quashed and set aside and the writ petition dismissed; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 925.