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Supreme Court of India 2022-05-06 allowed

DELHI DEVELOPMENT AUTHORITY vs GODFREY PHILLIPS (I) LTD. & ORS

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

Delhi Development Authority acquired 50,000 bighas across 12 villages starting in 1980. Notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 were issued, and awards declared. Godfrey Phillips (a subsequent purchaser of already-vested land) sought to invalidate the acquisition under Section 24(2) of the 2013 Act, claiming compensation was not paid and possession was not taken on certain plots. The High Court allowed the petition. The Supreme Court held that acquisition proceedings lapse only when both conditions are met: possession not taken AND compensation not paid (not either/or). Once possession is taken by official panchnama, title vests in the State; any later entry is trespass. A subsequent purchaser cannot revive a challenge available to but not pursued by the original owner. The decision in Manav Dharam Trust permitting such challenges was overruled. Appeal allowed; judgment set aside.

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Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Lapse of Acquisition Proceedings Possession and Compensation Subsequent Purchasers High Court Jurisdiction Judicial Review

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