Supreme Court of India · 2003-09-18
Delhi Development Authority vs Shyam Sundar Khanna And Ors.
- Citation / case number
- AIRONLINE 2003 SC 183
- Court
- Supreme Court of India
- Petitioner
- Delhi Development Authority
- Respondent
- Shyam Sundar Khanna And Ors.
- Bench
- S.N. Variava, H.K. Sema
Judgment text excerpt
The Delhi High Court held that the acquisition proceedings were void as the land in question was evacuee property, which was excluded from the Section 4 Notification under the Land Acquisition Act. The Court emphasized that the sale certificate issued on 31st January, 1961 confirmed the status of the property as evacuee until that date. Despite precedents indicating that delay and laches could bar a writ petition, the Court found that the respondents were not debarred from challenging the acquisition due to the invalidity of the proceedings. Consequently, the acquisition was set aside.