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Civil · Reportable judgment

Delhi Development Authority vs Shyamo & Ors.

Court
Supreme Court of India
Date
20 January 2023
Case No.
Civil Appeal No. 365 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 1 S.C.R. 887 : 2023 INSC 70
Supreme Court Reports [2023] 1 S.C.R. 887 : 2023 INSC 70
Headnote

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(2) – High Court relying on its decision in Gyanender Singh & Ors. v. Union of India & Ors. [W.P. (C) No. 1393/2014], allowed the writ petition filed by the original writ petitioner-respondent no.1 herein and declared that the acquisition w.r.t the land in question is deemed to have lapsed u/s.24(2) on the ground that the compensation was not tendered to the original writ petitioner– On appeal, held: While deciding the Gyanender Singh case, the High Court had relied upon the earlier decision of Supreme Court in Pune Municipal Corporation case which has been overruled by the Constitution Bench of Supreme Court in Indore Development Authority case –Applying the law laid down in Indore Development Authority case and more particularly when the possession of the land in question was taken over by drawing the panchnama and preparing the possession proceedings and the same was handed over to the DDA and furthermore, as the original writ petitioner was not the recorded owner, there was no question of tendering any compensation to him at the relevant time– Also, the High Court entertained the writ petition without deciding the ownership and title of the original writ petitioner – Impugned judgmentis unsustainable, set aside.

Land Acquisition – Writ petition challenging acquisition/lapse of acquisition proceedings – Proving ownership and title– Held: For entertaining any writ petition, the ownership and title has to be first established and proved and only thereafter a person claiming ownership and title can be permitted to file the writ petition challenging the acquisition/lapse of acquisition proceedings.

Indore Development Authority vs. Manoharlal and Ors. (2020) 8 SCC 129 : [2020] 3 SCR 1 – followed.

Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183 : [2014]

1 SCR 783 – referred to.

Gyanender Singh & Ors. v. Union of India & Ors. Decision dtd.23.09.2014 of High Court of Delhi in W.P. (C) No. 1393/2014 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.12.2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No. 12174 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent no.1 herein – original writ petitioner and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201
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