DELHI DEVELOPMENT AUTHORITY v. ARCHANA KHANNA

Supreme Court of India · 16 Aug 2016
Kurian Joseph; Shiva Kirti Singh
CIVIL APPEAL NO. 8154 OF 2016
property appeal_dismissed Significant

AI Summary

The Supreme Court held that failure to take possession of land after an acquisition award without any stay leads to lapse of acquisition under Section 24(2) of the 2013 Act and dismissed the appeal.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8154 OF 2016
[@ SPECIAL LEAVE PETITION(C) NO. 23093 OF 2016]
DELHI DEVELOPMENT AUTHORITY Appellant(s)
VERSUS
ARCHANA KHANNA & ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. It is not in dispute that in this appeal, the award is dated 07.01.1999 and that there was no stay operating and yet, possession has not been taken. Therefore, Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has to apply and the acquisition is to be declared as lapsed.

3. In that view of the matter, the appeal is dismissed. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ SHIVA KIRTI SINGH] New Delhi; August 16, 2016