DELHI DEVELOPMENT AUTHORITY Vs. SUKHBIR SINGH & OTHERS
LAWS(SC)-2016-9-11
SUPREME COURT OF INDIA
Decided on September 09,2016

DELHI DEVELOPMENT AUTHORITY Appellant
VERSUS
Sukhbir Singh And Others Respondents


Referred Judgements :-

NAZIR AHMAD V. KING EMPEROR [REFERRED TO]
BALWANT NARAYAN BHAGDE BALWANT NARAYAN BHAGDE VS. M D BHAGWAT:THE PUNJABRAO KRISHI VIDYAPEETH AKOLA [REFERRED TO]
SATENDRA PRASAD JAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
PREM NATH KAPUR VS. NATIONAL FERTILIZERS CORPN OF INDIA LIMITED [REFERRED TO]
NEW REVIERA COOR HOUSING SOCIETY HARJANG SINGH GREWAL [RETD ] VS. SPECIAL LAND ACQUISITION OFFICER:UNION OF INDIA [REFERRED TO]
BALMOKAND KHATRI EDUCATIONAL AND INDUSTRIAL TRUST AMRITSAR VS. STATE OF PUNJAB [REFERRED TO]
SUNDER VS. UNION OF INDIA [REFERRED TO]
BANGALORE DEVELOPMENT AUTHORITY VS. R HANUMAIAH [REFERRED TO]
MEERA SAHNI VS. LT GOVERNOR OF DELHI [REFERRED TO]
NATIONAL THERMAL POWER POWER CORPORATION LTD VS. MAHESH DUTTA [REFERRED TO]
SITA RAM BHANDAR SOCIETY VS. LT GOVERNOR GOVT OF NCT DELHI [REFERRED TO]
IVO AGNELO SANTIMANO FERNANDES VS. GOVERNMENT OF GOA [REFERRED TO]
BANDA DEVELOPMENT AUTHORITY VS. MOTI LAL AGARWAL [REFERRED TO]
RAGHBIR SINGH SEHRAWAT VS. STATE OF HARYANA [REFERRED TO]
P. K. KALBURQI VS. STATE OF KARNATAKA [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
UNION OF INDIA VS. SHIV RAJ [REFERRED TO]
BIMLA DEVI VS. STATE OF HARYANA [REFERRED TO]
BALAJI NAGAR RESIDENTIAL ASSOCIATION VS. STATE OF TAMIL NADU [REFERRED TO]
STATE OF HARYANA VS. VINOD OIL AND GENERAL MILLS [REFERRED TO]
SITA RAM VS. STATE OF HARYANA [REFERRED TO]
RAM KISHAN VS. STATE OF HARYANA [REFERRED TO]
VELAXAN KUMAR VS. UNION OF INDIA [REFERRED TO]
KARNAIL KAUR VS. STATE OF PUNJAB [REFERRED TO]
GOVT OF NCT OF DELHI VS. JAGJIT SINGH [REFERRED TO]
COMPETENT AUTOMOBILES CO. LTD. VS. UNION OF INDIA (UOI) AND ORS. [REFERRED TO]
RAJIV CHOUDHRIE HUF VS. UNION OF INDIA (UOI) AND ORS. [REFERRED TO]
LAXMI DEVI VS. STATE OF BIHAR AND ORS. [REFERRED TO]
KARAN SINGH AND ORS. VS. STATE OF HARYANA AND ORS. [REFERRED TO]



Cited Judgements :-

RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD. (RRVPNL), VS. THE STATE OF RAJASTHAN, THROUGH SECRETARY, ENERGY, SECRETARIAT, JAIPUR [LAWS(RAJ)-2016-10-119] [REFERRED TO]
TAMIL NADU HOUSING BOARD VS. SUGUNA SARASWATHY [LAWS(MAD)-2017-12-63] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. VIRENDER LAL BAHRI & ORS [LAWS(SC)-2019-2-197] [REFERRED TO]
SAVITHRAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-10-28] [REFERRED TO]
KANIKA GANDOTRA VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2018-1-466] [REFERRED TO]
GYAN PRAKASH (NOW DECEASED) THR LRS VS. UNION OF INDIA [LAWS(DLH)-2018-10-529] [REFERRED TO]
BIMLENDRA MOHAN PRATAP MISHRA AND ANOTHER VS. STATE OF U.P. THROU. ITS PRIN. SECY. URBAN PLANNING & DEVP. & ORS. [LAWS(ALL)-2017-2-34] [REFERRED TO]
PYARELAL AND ANOTHER VS. SOUTH EASTERN COALFIELDS LTD. AND OTHERS [LAWS(CHH)-2017-9-59] [REFERRED TO]
RAMESHA VS. DEPUTY COMMISSIONER [LAWS(KAR)-2019-6-48] [REFERRED TO]
RELIANCE INDUSTRIES LIMITED VS. UNION OF INDIA [LAWS(GJH)-2017-11-269] [REFERRED TO]
RAKESH KUMAR JAIN VS. STATE OF U.P. THRU. PRIN.SECY.,AVAS & URBAN PLANNING DEPTT. & OTHER [LAWS(ALL)-2017-2-66] [REFERRED TO]
JOAQUIM VICTOR FERNANDES VS. STATE OF GOA [LAWS(BOM)-2017-11-437] [REFERRED TO]
INVESTMENT CORPORATION PVT. LTD. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-7-304] [REFERRED TO]
K. VENIKATESH VS. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY AND OTHERS [LAWS(KAR)-2018-1-445] [REFERRED TO]
LAXMI NARAYAN AND ORS VS. LT GOVERNOR OF DELHI AND ORS [LAWS(DLH)-2018-12-185] [REFERRED TO]
AZAD @ ANAND SINGH & ORS VS. GOVERNMENT OF NCT OF DELHI & ORS. [LAWS(DLH)-2017-11-424] [REFERRED TO]
SACHIDANAND AND OTHERS VS. LAND ACQUISITION OFFICER AND OTHERS [LAWS(ALL)-2017-2-16] [REFERRED TO]
GOVT. OF NCT OF DELHI VS. MANAV DHARAM TRUST AND ANOTHER [LAWS(SC)-2017-5-17] [REFERRED TO]
KRISHAN LAL SHARMA VS. STATE OF J&K [LAWS(J&K)-2022-3-30] [REFERRED TO]
EXECUTIVE ENGINEER TAMIL NADU HOUSING BOARD VS. V N MOHAMED HUSSAIN [LAWS(MAD)-2017-8-484] [REFERRED TO]
SYED MOHAMMED ALI WARSI AND OTHERS VS. LAND ACQUISITION & REHABILITATION OFFICER [LAWS(MPH)-2017-12-15] [REFERRED TO]
D. SHARANAPPA AND OTHERS VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2018-1-451] [REFERRED TO]
SRI. RAMACHANDRA REDDY VS. STATE OF KARNATAKA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OTHERS [LAWS(KAR)-2018-2-376] [REFERRED TO]
ANANTHASWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2021-3-85] [REFERRED TO]
MAHADEB KHAN & ORS VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-9-68] [REFERRED TO]
MANOJ S/O. MAHANLAL BILALA VS. ARVIND S/O. LAXMAN MULAY AND OTHERS [LAWS(BOM)-2016-11-133] [REFERRED TO]
ANEK SINGH AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-1-37] [REFERRED TO]
RAM NEWAJ VS. STATE OF U P THRU SECY URBAN PLANNING & DEV & 4 ORS [LAWS(ALL)-2017-7-329] [REFERRED TO]
RAGHUBIR SINGH VS. STATE OF U.P. [LAWS(ALL)-2017-8-515] [REFERRED TO]
MEERA SAHNI VS. GOVERNMENT OF NCT OF DELHI [LAWS(DLH)-2019-7-79] [REFERRED TO]
DEVENDER SINGH & ORS VS. HONORABLE LT GOVERNOR & ORS [LAWS(DLH)-2018-12-80] [REFERRED TO]
TAMIL NADU HOUSING BOARD REP BY ITS EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER VS. R RAJENDRAN [LAWS(MAD)-2018-1-928] [REFERRED TO]
C. RAVI SUBRAMANYAM VS. THE STATE OF TAMIL NADU [LAWS(MAD)-2017-11-359] [REFERRED TO]
GHASITU RAM VS. STATE OF HARYANA & ORS [LAWS(P&H)-2016-10-150] [REFERRED TO]
MAHAVIR VS. UNION OF INDIA [LAWS(SC)-2017-9-79] [REFERRED TO]
SMT. HASNATHA BI AND OTHERS VS. THE STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2018-2-374] [REFERRED TO]
T THANGAVELU VS. STATE OF TAMIL NADU [LAWS(MAD)-2017-12-336] [REFERRED TO]
SMS INVESTMENT CORPORATION PVT. LTD. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-7-84] [REFERRED TO]
SHAKUNTLA EDUCATIONAL AND WELFARE SOCIETY VS. STATE OF U.P. [LAWS(ALL)-2020-5-46] [REFERRED TO]
M/S. GREY SHAM AND CO. AND ANR VS. GNCTD AND ORS. [LAWS(DLH)-2017-7-123] [REFERRED TO]
RAMJAS FOUNDATION VS. UNION OF INDIA AND OTHERS [LAWS(DLH)-2017-9-171] [REFERRED TO]
LEGAL HEIRS OF DECD. GORDHAN MULJI TOGADIYA VS. STATE OF GUJARAT [LAWS(GJH)-2017-6-358] [REFERRED TO]
C.V. RAMA RAO VS. SECRETARY HOUSING AND URBAN DEVELOPMENT [LAWS(KAR)-2020-2-87] [REFERRED TO]
M. MAHALINGAM VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2016-12-170] [REFERRED TO]
RAM PRASAD YADAV VS. STATE OF HARYANA [LAWS(P&H)-2020-11-175] [REFERRED TO]
D. MAHESH KUMAR VS. STATE OF TELANGANA [LAWS(APH)-2016-11-7] [REFERRED TO]
SATROHAN & 4 OTHERS VS. STATE OF U P THRU PRIN SECY , HOUSING & URBAN PLANNING &ORS [LAWS(ALL)-2017-11-142] [REFERRED TO]
SANTOSH DNYANESHWAR AHER VS. STATE OF MAHARASHTRA THROUGH ITS SECRETARY [LAWS(BOM)-2017-1-208] [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. RAJEEV L SANGTANI [LAWS(BOM)-2019-8-26] [REFERRED TO]
BABU MOULANA AND ORS. VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2019-3-596] [REFERRED TO]
BABU MOULANA VS. B N GOPINATH [LAWS(KAR)-2019-3-313] [REFERRED TO]
EVERSHINE MONUMENTS (EARLIER KNOWN AS M/S. GRANITE EXPORTERS) VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2017-12-98] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. MANOHARLAL ETC. [LAWS(SC)-2020-3-83] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. MOHD. JAMEEL & ORS. [LAWS(SC)-2017-4-79] [REFERRED TO]
AYODHYA FAIZABAD DEVELOPMENT AUTHORITYAND VS. RAM NEWAJ [LAWS(SC)-2022-5-91] [REFERRED TO]
GOVT OF NCT OF DELHI VS. MAHENDER SINGH [LAWS(SC)-2016-9-82] [REFERRED TO]
AKKALAPPA, VS. STATE OF KARNATAKA [LAWS(KAR)-2017-8-112] [REFERRED TO]
B SRIDHARAN VS. UNION OF INDIA, REP BY ITS JOINT SECRETARY [LAWS(MAD)-2018-11-89] [REFERRED TO]


JUDGEMENT

R.F.NARIMAN, J. - (1.)Leave granted in S.L.P(C) No. 28304 of 2015.
(2.)These two appeals revisit the q uestion of the correct construction of Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act"). We are constrained to observe that we are hearing these matters despite the fact that the law has been settled in Pune Municipal Corporation v. H.M. Solanki, 2014 (3) SCC 183, which is now stare decisis in that it has been followed in a large number of judgments Bimla Devi & Ors. v. State of Haryana & Ors. (2014) 6 SCC 583 at para 3; Union of India (UOI) and Ors. v. Shiv Raj and Ors. (2014) 6 SCC 564 at para 22; Sree Balaji Nagar Residential Association v. State of Tamil Nadu (2015) 3 SCC 353 at para 14; State of Haryana v. Vinod Oil and General Mills 2014 (15) SCC 410 at para 21; Sita Ram v. State of Haryana and Anr. (2015) 3 SCC 597 at paras 19, 21; Ram Kishan & Ors v. State of Haryana & Ors. (2015) 4 SCC 347 at paras 8, 9, 12; Velaxan Kumar v. Union of India & Ors. 2015 (4) SCC 325 at paras 15, 16, 17; Karnail Kaur v. State of Punjab (2015) 3 SCC 206 at paras 17, 18, 23; Rajiv Choudhrie HUF v. Union of India and Ors. 2015 (3) SCALE 203 at para 1; Competent Automobiles Co. Ltd. v. Union of India and Ors. AIR 2015 SC 3186 at para 4; Govt. of NCT of Delhi and Ors v. Jagjit Singh and Ors. AIR 2015 SC 2683 at para 3; Karan Singh and Ors. v. State of Haryana and Ors. 2015 (7) SCALE 191 at para 5; Delhi Development Authority v. Sukhbir Singh & Ors. SLP (CC) No. 5569 of 2015 at page 5; Shashi Gupta and Ors. v. State of Haryana and Ors. 2016 (5) SCALE 636 at para 5.
(3.)The facts of the present case are as follows. A Notification under Section 4 of the Land Acquisition Act, 1894, was issued on 24th October, 1961, stating that the public purpose for acquisition was the planned development of Delhi. This Notification covered large tracts of land in and around Delhi. In this case, we are concerned with 33 bighas and 1 biswa of land in the Vasant Kunj area of New Delhi. This Section 4 Notification was followed by a Notification under Section 6 dated 4th January, 1969, which in turn, was followed by notices issued under Section 9 on 26th April, 1983. An award relating to the aforesaid land was then made by the Land Acquisition Collector, New Delhi, only on 12th December, 1997. Possession of the said land, being an open piece of land, was taken by a Panchnama dated 27th January, 2000. An affidavit that has been filed by the Commissioner, Land Management, Delhi Development Authority in this Court, pursuant to an order of this Court dated 17th April, 2015, discloses that the requisite compensation for taking over the said land was deposited by the DDA with the Land Acquisition Collector only in the year 2002. The said affidavit goes on to state that since the land had been sold to Respondent Nos. 3 to 5 in the present case, there was a dispute as to who would receive compensation and that, therefore, compensation could neither be paid nor tendered.
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