DELHI DEVELOPMENT AUTHORITY versus ISLAMUDDIN & ORS.

DELHI DEVELOPMENT AUTHORITY versus ISLAMUDDIN & ORS.

Transfer of land in Delhi, prior to Section 6(1) declaration but after Section 4(1) notification, is not void, and the purchaser has locus standi to challenge acquisition. Where compensation has not been paid, the owners are entitled to declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Parties
Appellant: Delhi Development Authority; Respondent: Islamuddin & Ors.
Jurisdiction
India
Judgment Date
29 November 2016
Procedural Posture
Civil Appeal / Appeal From High Court, Final Judgment
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Compensation, Acquisition Proceedings, Transfer Restrictions
Property Law Land Acquisition Locus Standi Compensation Acquisition Proceedings Transfer Restrictions

Case Brief

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Parties

Delhi Development Authority

Appellant

Islamuddin & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Final Judgment

Legal Issues

  1. 1 Whether a purchaser of land after Section 4(1) notification but before Section 6(1) declaration has locus standi to challenge land acquisition in Delhi
  2. 2 Whether lapse of acquisition proceedings occurs under Section 24(2) of the 2013 Act when compensation has not been paid

Ratio Decidendi

Transfer of land in Delhi, prior to Section 6(1) declaration but after Section 4(1) notification, is not void, and the purchaser has locus standi to challenge acquisition. Where compensation has not been paid, the owners are entitled to declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Court Disposition

Appeal dismissed

Orders

  • Declaration under Section 24(2) of 2013 Act granted to writ petitioner
  • Appellant given one year to initiate fresh acquisition proceedings