VidhiSangh

Supreme Court of India · 17/02/2023

DELHI DEVELOPMENT AUTHORITY versus MGS (INDIA) PRIVATE LIMITED & ORS

[2023] 2 S.C.R. 388 · 2023 INSC 135

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Summary

The Delhi High Court declared an acquisition lapsed under Section 24(2) of the 2013 Act at the instance of a company that had purchased the land after the acquisition proceedings commenced and the award was declared, without deciding the objection to its locus raised in the counter affidavit. The Supreme Court allowed the appeals of the Delhi Development Authority and the Government of NCT of Delhi: under Shiv Kumar and Godfrey Phillips a subsequent purchaser has no locus to challenge the acquisition or to seek a declaration of lapse, it makes no difference that title was acquired by registered sale deed rather than a power of attorney, and Manav Dharam Trust, on which the High Court relied, has been held per incuriam.

Issues

  1. Whether a person who purchased land after the commencement of acquisition proceedings and declaration of the award has locus to seek a declaration that the acquisition has lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Provisions considered

Held

Result

Appeals allowed without costs; Delhi High Court judgment dated 20.07.2015 in WP (C) No. 910 of 2015 quashed and set aside; no deemed lapse of the acquisition proceedings in respect of the land; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 388.