DELHI DEVELOPMENT AUTHORITY versus REENA SURI AND ORS.

Citation: [2016] 2 S.C.R. 396 · Decided: 28-04-2016 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Dismissed

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Judgment (excerpt)

A 
B 
[2016] 2 S.C.R. 396 
DELHI DEVELOPMENT AUTHORITY 
v. 
REENA SURI AND ORS. 
(Civil Appeal No. 4544 of2016 etc.) 
APRIL 28, 2016 
[KURIAN JOSEPH AND ROHINTON FALi NARIMAN, JJ.) 
Land Acquisition Act, 1894 - ss. JI and 16 - Land acquisition 
proceedings under the Act - Award passed u/s. I I - But possession 
C of the land not taken by the State - Whether such proceedings would 
lapse - Held: Such proceedings would lapse in view of s. 24(2) of 
the Right to Fair Compensation and Transparency in Land 
Acquisition, Rehabilitation and Resettlement Act, 2013 - Jn view of 
s.16 of 1894 Act, passing of award by itself would not mean that 
the land automatically vested with the Government - Right to Fair 
D Compensation and Transparency in Land Acquisition, Rehabilitation 
and Resettlement Act, 2013 - s.24(2). 
Dismissing the appeals, the Court 
HELD: 1. Under Section 24(2) of the Right to Fair 
E Compensation and Transparency in Land Acquisition, 
Rehabilitation and Resettlement Act, 2013, the proceedings 
initiated under the Land Acquisition Act, 1894 and culminating 
in award under Section 11 of the 1894 Act would lapse, in case 
the possession after passing of the award has not been taken 
within five years or more prior to the commencement of the 2013 
F Act. Under.Section 24(2) of the 2013 Act, the proceedings would 
also lapse in case the compensation has not been paid to the 
owners of the land before 01.01.2014 (the date, the 2013 Act 
came into force. [Para 3) [399-E-F) 
2. Under s. 16 of Lar.d Acquisition Act, -1894, once an award 
G has been made by the Collector under Section 11 of the 1894 
Act, the Collector .has to take possession of the land and only 
thereupon, the land will vest in the Government free from all 
encumbrances. Therefore, passing of the award by itself will not 
enable the appellant to take a contention that the land has 
H 
396 
DELHI DEVELOPMENT AUTHORITY v. REENA SURI 
397 
automatically vested with the Government on passing of the award. 
A 
[Para 6) (400-A-C) 
3. In the present cases,' the land bas not been taken 
possession of by the Collector within five years or more prior to 
01.01.2014 when the 2013 Act came into force. The High Court 
bas rightly held that the land acquisition proceedings bas lapsed 
B 
in view of Section 24 of 2013 Act. [Paras 2 and i] [398-B-F; 400.. 
C-D) 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4544 
of2016 
From the Judgment and Order dated 12.01.2015 of the High Court 
of Delhi at New Delhi in WP (C) No. 6698 of2014. 
WITH 
C. A. NOS. 4545, 4546, 4547, 4548, 4549, 4550, 4552, 4553, 4554, 
45S5, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, 
4567, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4577, 4578, 
4579, 4580, 4581, 4582, 4583, 4584, 4585, 4586, 4587, 4588, 4589, 4590, 
4591, 4592, 4593, 4594, 4595, 4596, 4597, 4598, 4599, 4600 AND 460 I 
of2016 
V. Giri, Sr. Adv., Sanchar Anand, AAG, Anil Kaushik, Ro hit Singh, 
Ms. Arunima Dwivedi, E. C. Agrawala, Cagan Gupta, Govind Goel, Ms. 
Garima Prashad, G. Balaji, Ms. Shiva Vijaya Kumar, Apoorv Singhal, 
Devendra Singh, Shantanu Krishna, Vishnu B. Saharya, Viresh B. 
Saharya, (for M/s Saharya & Co;); Ashwani Kumar, Rahul Bhatia, Manish 
Kumar, Ms. Divya Roy, S. Anand, Devender Singh, Ms. Binu Tamta, 
Ms. Nikita Shrivastava, Dhruv Tamta, Shantanu Sagar, Advs., with them 
for the Appellant.· 
Ms. Pinky Anand, ASG, A.K. Sanghi, Ajit Sinha, Ravinder Sethi, 
Ms. Vibha Dutta Makhija, Sr. Advs. R.K. Rathore, Vibhu Shankar Mishra, 
Mrs. Samta P. Mis.hra, S.A. Haseeb, Umesh Babu Chaurasia, Neeraj 
Kumar Sharma, R.S. Nagar, Ajay Kumar Singh, Harish Kumar K., 
Shailender Saini, SarfrazA. Siddiqui, Ms. Satya Siddiqui, R.K. Mohanty, 
Ranjit Kr. Jha, D.S. Mahra, Manish K. Bishnoi, Venkat Poonia, Raj iv 
Kumar Ghawana, Puneet Sharma, Ajay Sharma, Rajeev Sharma, Ms. 
Neelam Sharma, Gopal Shankarnarayanan, Mahesh Agrawal, Ankur 
Saigal, Rishabh Parikh, VivekJain, Ms. Devika Mohan, Ms. Zeeshan 
c 
D 
E 
F 
G 
H 
398 
SUPREME COURT REPORTS 
[2016] 2 S.C.R. 
A 
Diwan, Ms. !ti Sharma, Ms. C. Mandakini, Ms. Priya Puri, Ms. Esha 
Mazumdar, Setu Niket, Priyanjali Singh, B.S. Mathur, Bharat Bhushan 
Jain, S.Anand, ApoorvaSinghal, Devender Singh, Kaushik Poddar, Rajat 
Mathur, Ms. Smita Maan, Vishal Mann, Naresh Maan, Satyawan Rathi, 
Bankey Bihari, Shiv Kumar Suri, Shikhil Suri, S.K. Rout, Sumeer Sodhi, 
Varun Tankha, Amitabh Sinha, Arjun Nanda, Praval Arora, T. Mahipal, 
B 
Anil Kaushik, Ms. Arun

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