Delhi Government vs. Mahender Singh: Supreme Court Declares Land Acquisition Lapsed Under LARR Act

The case of Govt. of NCT of Delhi vs. Mahender Singh & Ors. revolved around land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). The Supreme Court had to determine whether the acquisition process had lapsed due to non-compliance with the statutory requirements.

Background of the Case

The Government of NCT of Delhi had acquired land through a notification under Section 4(1) of the Land Acquisition Act, 1894, dated March 4, 2003. The declaration under Section 6 was published on February 4, 2004, and the award was passed on February 3, 2006. However, the landowners argued that the government:

• Did not take physical possession of the land.
• Did not pay compensation within five years prior to the implementation of the LARR Act, 2013.

Under Section 24(2) of the LARR Act, land acquisition lapses if these two conditions are not met.

Legal Challenge

• The respondents argued that the acquisition process was invalid under Section 24(2) because the government had not complied with its obligations.
• The Delhi High Court ruled in favor of the landowners, declaring that the acquisition had lapsed.
• The Government of NCT of Delhi appealed the ruling to the Supreme Court.

Supreme Court’s Judgment

The Supreme Court bench, comprising Justice Kurian Joseph and Justice Rohinton Fali Nariman, delivered its final ruling on September 22, 2016. The key points from the judgment were:

Key Observations by the Supreme Court

• The Court referenced similar cases, including Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015, where land acquisitions had been declared lapsed under Section 24(2) of the LARR Act.
• The Court held that failure to take possession or pay compensation within five years prior to January 1, 2014 leads to an automatic lapse of acquisition.
• The Supreme Court upheld the Delhi High Court’s ruling and confirmed that the acquisition had lapsed.

Final Ruling

• The Supreme Court dismissed the appeal.
• The Government of NCT of Delhi was given one year to initiate fresh acquisition proceedings under the LARR Act.
• If the government fails to initiate fresh proceedings, it must return possession of the land to the original owners.
• No costs were imposed on either party.

Impact of the Judgment

• This ruling reinforces landowners’ rights under Section 24(2) of the LARR Act, ensuring that authorities cannot indefinitely hold land without fulfilling their legal obligations.
• The judgment serves as a key precedent for future land acquisition cases where the government fails to complete the process within the statutory timeframe.
• The ruling ensures that fresh acquisition proceedings, if initiated, must comply with the provisions of the LARR Act, 2013, including fair compensation and rehabilitation for landowners.

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Download Judgment: Government of NCT of vs Mahender Singh & Ors Supreme Court of India Judgment Dated 22-09-2016-1741883984076.pdf