DELHI DEVELOPMENT AUTHORITY versus ANITA SINGH & ORS.

DELHI DEVELOPMENT AUTHORITY versus ANITA SINGH & ORS.

Because the respondent was not the recorded owner and the Collector deposited the compensation with the Reference Court under Sections 30/31 of the 1894 Act due to dispute of title, one of the conditions in Section 24(2) of the 2013 Act was satisfied (payment/tendering of compensation); following the Indore decision that either possession or payment suffices, the acquisition did not lapse. The High Court order holding it lapsed was set aside and the writ petition dismissed.

Parties
Appellant: Delhi Development Authority; Respondent: Anita Singh
Jurisdiction
India
Judgment Date
01 May 2023
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Sections 4, 6, 11, 16, 17, 30, 31, 34 of the Land Acquisition Act, 1894, Possession Versus Payment of Compensation, Vesting of Land in the State
Land Acquisition Property Law Administrative Law Statutory Interpretation Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Sections 4, 6, 11, 16, 17, 30, 31, 34 of the Land Acquisition Act, 1894 Possession Versus Payment of Compensation Vesting of Land in the State

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Parties

Delhi Development Authority

Appellant

Anita Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether acquisition lapsed under Section 24(2) of the 2013 Act because compensation was not paid to the respondent and possession was not taken
  2. 2 Whether deposit of compensation in court under Sections 30/31 of the 1894 Act satisfies the payment requirement for purposes of Section 24(2) of the 2013 Act
  3. 3 What constitutes "possession of the land by the State after its acquisition"

Ratio Decidendi

Because the respondent was not the recorded owner and the Collector deposited the compensation with the Reference Court under Sections 30/31 of the 1894 Act due to dispute of title, one of the conditions in Section 24(2) of the 2013 Act was satisfied (payment/tendering of compensation); following the Indore decision that either possession or payment suffices, the acquisition did not lapse. The High Court order holding it lapsed was set aside and the writ petition dismissed.

Court Disposition

Appeal allowed

Orders

  • Order dated 22.08.2017 of the High Court of Delhi set aside
  • Writ Petition (C) No.5339/2016 filed by Respondent no.1 dismissed