Land Acquisition and Right to Fair Compensation under the 2013 Act

The case before the Supreme Court revolves around a land acquisition dispute involving the Delhi Development Authority (the appellant) and Kanta Bahri & Ors. (the respondents). The issue pertains to the appellant’s acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (the 2013 Act). The appellant sought to challenge previous decisions on the acquisition process, but the case involves key questions about the exercise of powers granted under the 2013 Act and the time limits associated with initiating fresh acquisition proceedings.

The dispute began with a land acquisition process initiated by the Delhi Development Authority for a public project. The respondents, whose land was being acquired, challenged the validity of the process, especially the compensation awarded, which led to several rounds of legal proceedings. The appellant argued that the acquisition should proceed as initially planned, while the respondents raised concerns about the fairness of the process and compensation under the 2013 Act.

The appellant also sought relief from the Supreme Court, seeking to continue with the acquisition process or alternatively be allowed to initiate fresh proceedings. The matter was complex, involving both the procedural aspects of the 2013 Act and the substantive question of whether the compensation and acquisition process adhered to the principles of fairness laid out in the law.

Justice Kurian Joseph, delivering the judgment, stated that the issue at hand was largely covered by previous rulings in similar cases, specifically referencing judgments in Civil Appeal No. 8477 of 2016 and Civil Appeal No. 5811 of 2015. As a result, the Supreme Court dismissed the appeal, reaffirming the principles established in those earlier cases.

In this case, however, the Court granted a one-year period for the appellant to exercise its liberty under Section 24(2) of the 2013 Act to initiate the acquisition proceedings afresh. This provision allowed the appellant the opportunity to rectify any irregularities in the process and proceed with the acquisition as required by law. The Court also made it clear that if the appellant failed to initiate fresh proceedings within the prescribed time limit, they would be required to return the physical possession of the land to the owner, should the appellant still be in possession.

The judgment underscores the importance of following the procedural requirements of the 2013 Act and ensures that landowners are not deprived of their land without due process and fair compensation. The Court’s decision reflects a balance between the public interest in land acquisition and the rights of individuals whose land is being acquired.

In conclusion, the appeal was dismissed, with the Court providing a clear timeframe for the appellant to comply with the provisions of the 2013 Act. The case sets an important precedent for land acquisition matters, particularly in terms of ensuring that the procedural safeguards under the law are respected and that landowners are given fair opportunities to protect their rights.

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Download Judgment: Delhi Development Au vs Kanta Bahri & Ors. Supreme Court of India Judgment Dated 16-12-2016.pdf