Case Note & Summary
The case involved appeals against a judgment by the High Court of Delhi, which had allowed a writ petition filed by a subsequent purchaser of land, declaring that the acquisition of the land had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The appellants, Delhi Development Authority and the Government of NCT of Delhi, contended that the original writ petitioner lacked locus standi to challenge the acquisition as he was a subsequent purchaser who acquired the property after the Act came into force. The appellants argued that prior judgments established that subsequent purchasers cannot challenge acquisition proceedings. The court noted that the original writ petitioner had acquired rights in 2018, well after the notification under the Land Acquisition Act, 1894 was issued in 1980 and the award declared in 1987. The court referenced previous decisions, including Shiv Kumar & Anr. v. Union of India and others, which clarified that a subsequent purchaser does not have the standing to contest the lapsing of acquisition. The court concluded that the High Court erred in allowing the writ petition and quashed its judgment, dismissing the original writ petition and allowing the appeals without costs.
Headnote
A) Land Acquisition - Locus Standi - Subsequent Purchaser's Right to Challenge - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) - The court held that a subsequent purchaser has no locus to challenge the lapsing of acquisition proceedings under the Act, 2013, as established in prior judgments. The High Court's decision to entertain the writ petition was deemed erroneous, leading to the quashing of the judgment (Paras 6-6.2).
Issue of Consideration
Whether the original writ petitioner being a subsequent purchaser had locus to challenge the acquisition and/or lapsing of the acquisition?
Final Decision
The Supreme Court quashed the High Court's judgment and dismissed the original writ petition, allowing the appeals without costs.
Law Points
- locus standi
- land acquisition
- subsequent purchaser
- lapsing of acquisition
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
