Delhi Development Authority vs Surender Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 345

ABHAY S. OKA, RAJESH BINDAL
Delhi Development Authority – Appellant
Versus
Surender Singh – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Mishra Saurabh, AOR Ms. Niharika Ahluwalia, AOR Ms. Ishita Deswal, Adv. Ms. Prachi Bajpai, AOR Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv.
For the Respondent(s): Mr. Atul Kumar, AOR Ms. Sweety Singh, Adv. Ms. Archana Kumari, Adv. Mr. Rahul Pandey, Adv. Mr. Rajiv Ranjan, Adv. Mr. Sumit Gupta, Adv. Mr. Prateek Madnani, Adv. Mr. Rahul Shyam Bhandari, AOR Mr. Gaurav Jain, Adv. Ms. Abha Jain, AOR Mr. N.k.jain, Adv. Mr. Jaivir Singh, Adv. Mr. Abhishek Misra, Adv. Ms. Deepika Mishra, Adv. Mr. Aniteja Sharma, Adv. Ms. Sujeeta Srivastava, AOR Mr. Sachit Setia, Adv. Ms. Manika Tripathy, AOR Mr. Ashutosh Kaushik, Adv.

JUDGMENT :

Rajesh Bindal, J.

1. This order will dispose of a bunch of appeals as common questions of law and fact are involved. The facts of the cases have been noticed separately.

FACTS:

CIVIL APPEAL NO. 1548 OF 2023 (DELHI DEVELOPMENT AUTHORITY VS. SURENDER SINGH & ORS)

2. As pleaded, notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was issued on 21.03.2003 seeking to acquire land for Rohini Residential Scheme at Delhi. On 19.3.2004, Notification under Section 6 of the Act was issued. The Land Acquisition Collector announced the award under Section 11 of the Act assessing compensation for the acquired land on 12.7.2005. The compensation amount of Rs. 80,40,76,004/- for the acquisition of the land was deposited by the State with the Land Acquisition Collector.

3. A writ petition was filed in the High Court invoking Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “2013 Act”) claiming that the acquisition in question has lapsed since neither possession has been taken nor the compensation therefor has been paid. The definite stand of the State before the High Cour

Click Here to Read the rest of this document

2023 Supreme(SC) 345

ABHAY S. OKA, RAJESH BINDALDelhi Development Authority – AppellantVersusSurender Singh – Respondent

ABHAY S. OKA, RAJESH BINDAL
Delhi Development Authority – Appellant
Versus
Surender Singh – Respondent