Delhi Development Authority Versus MGS (India) Private Limited & Ors

Delhi Development Authority Versus MGS (India) Private Limited & Ors 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 944 OF 2023

(@ SLP (C) No. 18982 of 2022)

Delhi Development Authority …Appellant(s)

Versus

MGS (India) Private Limited & Ors. …Respondent(s)

WITH

CIVIL APPEAL NO. 947 OF 2023

(@ SLP (C) No. 3167 of 2023)

(@ Diary No. 1203 of 2023)

Govt. of NCT of Delhi Through Secretary

Land & Building Department & Anr. …Appellant(s)

Versus

MGS (India) Private Limited & Ors. …Respondent(s)

J U D G M E N T

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment

and order passed by the High Court of Delhi at New Delhi dated

20.07.2015 in Writ Petition (C) No. 910 of 2015 by which the High Court

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has allowed the said writ petition and has declared that the acquisition

with respect to the land in question is deemed to have lapsed by virtue

of Section 24(2) of the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter

referred to as “Act, 2013”), the Delhi Development Authority (DDA) as

well as Government of NCT of Delhi have preferred the present appeals.

2. Learned counsel appearing on behalf of the appellants has

vehemently submitted that the original writ petitioner before the High

Court was the subsequent purchaser, who admittedly purchased the

property – land in question after the acquisition proceedings commenced

and the award was declared. It is submitted that therefore, the original

writ petitioner being a subsequent purchaser had no locus to challenge

the acquisition proceedings and/or lapsing of the acquisition

proceedings. It is submitted that the aforesaid objection was taken

before the High Court and even it was specifically mentioned in the

counter before the High Court, however, the Hon’ble High Court has not

decided the locus of the original writ petitioner to pray for lapsing of the

acquisition being a subsequent purchaser. Reliance is placed on the

decisions of this Court in the case of Shiv Kumar & Anr. Vs. Union of

India & Ors., (2019) 10 SCC 229; Delhi Development Authority Vs.

Godfrey Phillips (I) Ltd. & Ors., Civil Appeal No. 3073 of 2022 and

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the subsequent decision in which the aforesaid two decisions have been

relied upon.

3. Learned counsel appearing on behalf of the respondent – original

writ petitioner though is not disputing that the original writ petitioner was

the subsequent purchaser and purchased the land subsequent to the

acquisition proceedings. However, he has submitted that the decision of

this Court in the case of Shiv Kumar & Anr. (supra) shall not be

applicable inasmuch as in that case, the original writ petitioner had no

title and he claimed the title on the basis of the general power of

attorney. It is submitted that at the relevant time, the decision of this

Court in the case of Government (NCT of Delhi) Vs. Manav Dharam

Trust and Anr., (2017) 6 SCC 751 was on the point, which came to be

relied upon by the High Court.

4. We have heard the learned counsel appearing for the respective

parties.

5. It is not in dispute that the original writ petitioner is the subsequent

purchaser, who purchased the land in question subsequent to the

acquisition proceedings and even after the award was declared.

Therefore, being a subsequent purchaser, as observed and held by this

Court in catena of decisions, more particularly, in the case of Shiv

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Kumar & Anr. (supra) and Godfrey Phillips (I) Ltd. & Ors. (supra) and

other subsequent decisions, subsequent purchaser has no locus to

challenge the lapsing of the acquisition.

5.1 The submission on behalf of the respondent that the decision of

this Court in the case of Shiv Kumar & Anr. (supra) shall not be

applicable as in that case, the original writ petitioner claimed the title on

the basis of a general power of attorney and in the present case, the

subsequent purchaser purchased the property by registered sale deed is

concerned, it is required to be noted that the law laid down by this Court

in the aforesaid decision is that a subsequent purchaser has no locus to

challenge the acquisition. In the case of Godfrey Phillips (I) Ltd. &

Ors. (supra), it is specifically observed and held that the subsequent

purchaser has no locus to pray for lapsing of the acquisition.

5.2 Now, so far as the reliance placed upon the decision of this Court

in the case of Manav Dharam Trust and Anr. (supra) is concerned, it is

required to be noted that the said decision is held to be per incuriam by

this Court in the aforesaid decisions.

5.3 From the impugned judgment and order passed by the High Court,

it appears that though before the High Court and so stated in the

counter, an objection was raised on maintainability of the writ petition, at

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the instance of the original writ petitioner – subsequent purchaser, the

same has not been dealt with by the High Court. The High Court ought

to have dealt with the said aspect. Be that it may, the fact remains that

the respondent being a subsequent purchaser had no locus to pray for

lapsing of the acquisition as observed and held by this Court in the

aforesaid decisions. Therefore, the impugned judgment and order

passed by the High Court is unsustainable.

6. In view of the above and for the reasons stated above, both these

appeals succeed. The impugned judgment and order passed by the

High Court is hereby quashed and set aside. There shall not be any

deemed lapse of the acquisition proceedings with respect to the land in

question as observed and held by the High Court.

Present appeals are accordingly allowed. However, in the facts

and circumstances of the case, there shall be no order as to costs.

Pending applications, if any, also stand disposed of.

………………………………….J.

 [M.R. SHAH]

………………………………….J.

 [C.T. RAVIKUMAR]

NEW DELHI; ………………………………….J.

FEBRUARY 17, 2023. [SANJAY KAROL]

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