Land Acquisition Compensation: Supreme Court Ruling on Lapsed Proceedings

The case before the Supreme Court involved the Delhi Development Authority (DDA) as the appellant and Ishwar Singh and others as the respondents. The central issue revolved around the payment of compensation for land acquisition and whether the proceedings had lapsed due to non-payment.

In its judgment, the Court acknowledged that the compensation had not been paid to the landowners. As a result, it upheld the decision of the High Court, affirming that the proceedings had indeed lapsed. The Supreme Court, therefore, dismissed the appeal filed by the DDA.

However, recognizing the peculiar facts and circumstances of the case, the Court granted the appellant six months to exercise its rights under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. This provision allows for the initiation of fresh acquisition proceedings.

Furthermore, the Court specified that if no fresh acquisition proceedings were initiated within one year from the date of judgment by issuing a Notification under Section 11 of the Act, the appellant, if in possession of the land, must return physical possession to the original landowners.

Ultimately, the Supreme Court’s decision reinforced the importance of timely compensation in land acquisition matters and upheld the rights of landowners against undue delays.

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Download Judgment: Delhi Development Au vs Ishwar Singh and Oth Supreme Court of India Judgment Dated 02-05-2017.pdf