DELHI DEVELOPMENT AUTHORITY versus RAJESH DUA & ORS.

DELHI DEVELOPMENT AUTHORITY versus RAJESH DUA & ORS.

Applying the Constitution Bench precedent in Indore Development Authority v. Manoharlal, since the compensation for the land was deposited in the Reference Court in 1967 and possession was taken in 1967 by drawing panchnama, and there was no grievance by the original landowners between 1967 and 2017, the acquisition did not lapse under Section 24(2) of the 2013 Act; the High Court judgment declaring lapse was unsustainable and is set aside.

Parties
Appellant: Delhi Development Authority; Respondents: Rajesh Dua & Ors.
Jurisdiction
India
Judgment Date
20 January 2023
Procedural Posture
Civil Appeal / Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Possession and Payment of Compensation, Overruling of Precedent
Land Acquisition Statutory Interpretation Administrative Law Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Possession and Payment of Compensation Overruling of Precedent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Delhi Development Authority

Appellant

Rajesh Dua & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court

Legal Issues

  1. 1 Whether deposit of compensation with the Reference Court in 1967 amounts to payment under Section 24(2) of the 2013 Act
  2. 2 Whether taking possession by drawing panchnama constitutes valid possession for the purposes of Section 24(2)
  3. 3 Whether acquisition proceedings are deemed to have lapsed under Section 24(2) given the facts of deposit and possession in 1967 and no grievance until 2017

Ratio Decidendi

Applying the Constitution Bench precedent in Indore Development Authority v. Manoharlal, since the compensation for the land was deposited in the Reference Court in 1967 and possession was taken in 1967 by drawing panchnama, and there was no grievance by the original landowners between 1967 and 2017, the acquisition did not lapse under Section 24(2) of the 2013 Act; the High Court judgment declaring lapse was unsustainable and is set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of the High Court dated 05.09.2017 quashed and set aside
  • Appeal allowed