DELHI DEVELOPMENT AUTHORITY versus BEENA GUPTA (D) THROUGH LRS. & ORS.

DELHI DEVELOPMENT AUTHORITY versus BEENA GUPTA (D) THROUGH LRS. & ORS.

The High Court erred in entertaining the writ petition of a subsequent purchaser; applying the Constitution Bench decision in Indore Development Authority the acquisition did not lapse because possession had been taken (panchnama dated 15.12.2007), and Section 24(2) requires both non-taking of possession and non-payment of compensation for lapse. Therefore the High Court's declaration of lapse was unsustainable and is quashed and set aside.

Parties
Appellant: Delhi Development Authority; Respondent: Beena Gupta (D) through LRs.
Jurisdiction
India
Judgment Date
16 January 2023
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court of Delhi Dated 01.11.2018 in Writ Petition (civil) No.3986 of 2018
Outcome
Appeal allowed
Legal Topics
Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Lapse of Acquisition, Possession Vs. Payment of Compensation, Locus of Subsequent Purchaser
Land Acquisition Property Law Section 24(2) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Lapse of Acquisition Possession Vs. Payment of Compensation Locus of Subsequent Purchaser

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Parties

Delhi Development Authority

Appellant

Beena Gupta (D) through LRs.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the High Court of Delhi Dated 01.11.2018 in Writ Petition (civil) No.3986 of 2018

Legal Issues

  1. 1 Whether a subsequent purchaser can challenge lapse of acquisition under Section 24(2) of the 2013 Act
  2. 2 Whether acquisition lapses where possession has been taken but compensation has not been paid/deposited
  3. 3 Interpretation of Section 24(2) of the 2013 Act in light of prior precedents including Indore Development Authority (Constitution Bench)

Ratio Decidendi

The High Court erred in entertaining the writ petition of a subsequent purchaser; applying the Constitution Bench decision in Indore Development Authority the acquisition did not lapse because possession had been taken (panchnama dated 15.12.2007), and Section 24(2) requires both non-taking of possession and non-payment of compensation for lapse. Therefore the High Court's declaration of lapse was unsustainable and is quashed and set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of the High Court dated 01.11.2018 quashed and set aside
  • Original writ petition filed by respondent no.1 dismissed