Case Note & Summary
The dispute arose from a judgment by the High Court of Delhi, which allowed a writ petition declaring that the acquisition of certain land had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Delhi Development Authority appealed against this decision. The High Court had ruled that the land acquisition was deemed to have lapsed because compensation had not been paid, despite the fact that the original writ petitioners were not the recorded owners but subsequent purchasers. The High Court relied on the decision in Govt. of NCT of Delhi Vs. Manav Dharma Trust, which was later found to be not a good law according to subsequent rulings by the Supreme Court in Shiv Kumar & Anr. Vs. Union of India and Delhi Development Authority Vs. Godfrey Philips (I) Ltd. The Supreme Court noted that these rulings established that subsequent purchasers do not have the locus to challenge the acquisition or seek a deemed lapse. Consequently, the Supreme Court quashed the High Court's order, allowing the appeal without costs and disposing of any pending applications.
Headnote
A) Land Acquisition - Locus Standi - Subsequent Purchasers - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) - The High Court allowed the writ petition declaring the acquisition lapsed, relying on a precedent that was later deemed not good law. The Supreme Court held that subsequent purchasers lack locus to challenge the acquisition or seek deemed lapse, quashing the High Court's order (Paras 1-5).
Issue of Consideration
Whether subsequent purchasers have the locus to challenge land acquisition and seek deemed lapse under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision
The Supreme Court quashed the High Court's order, allowing the appeal and stating that subsequent purchasers do not have the locus to challenge the acquisition or seek deemed lapse.
Law Points
- Locus standi
- Deemed lapse of acquisition
- Compensation under land acquisition law
