DELHI DEVELOPMENT AUTHORITY versus REENA SURI AND ORS.

DELHI DEVELOPMENT AUTHORITY versus REENA SURI AND ORS.

Land acquisition proceedings under Land Acquisition Act, 1894, where award was passed but possession not taken within five years prior to 01.01.2014, lapse as per Section 24(2) of the 2013 Act. The Collector must take possession for vesting to occur; mere passing of the award is insufficient.

Parties
Appellant: Delhi Development Authority; Respondent: Reena Suri and Ors.
Jurisdiction
India
Judgment Date
28 April 2016
Procedural Posture
Civil Appeal / Final Disposition at Supreme Court
Outcome
Appeals dismissed
Legal Topics
Land Acquisition Proceedings, Lapse of Acquisition, Compensation, Vesting of Land
Property Law Land Acquisition Land Acquisition Proceedings Lapse of Acquisition Compensation Vesting of Land

Case Brief

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Parties

Delhi Development Authority

Appellant

Reena Suri and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition at Supreme Court

Legal Issues

  1. 1 Whether land acquisition proceedings under the Land Acquisition Act, 1894, would lapse if the award was passed but possession not taken before the commencement of the 2013 Act
  2. 2 Implication of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Ratio Decidendi

Land acquisition proceedings under Land Acquisition Act, 1894, where award was passed but possession not taken within five years prior to 01.01.2014, lapse as per Section 24(2) of the 2013 Act. The Collector must take possession for vesting to occur; mere passing of the award is insufficient.

Court Disposition

Appeals dismissed

Orders

  • Appeals and connected matters dismissed
  • No costs