The division judge bench of Justice M.R. Shah and Justice M.M. Sundresh of the apex court in the case of Delhi Development Authority Vs Asha Jain & Ors held that Agreement to Sell by itself does not confer any right, title, or interest.
BRIEF FACTS
The factual matrix of the case is that the Delhi Development Authority (DDA) filed the current appeal after the High Court granted the writ petition filed by respondent No. 1 in this case and declared that the acquisition with respect to the subject land is deemed to have expired under 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").
COURT’S OBSERVATION
The hon’ble court held that as per the settled position of law, Agreement to Sell by itself does not confer any right, title, or interest. In any case, the original writ petitioner can be said to be subsequent purchaser and/or has acquired the right subsequently.
In the recent decision of this Court in the case of Delhi Development Authority Vs. Godfrey Phillips (I) Ltd. & Ors., after considering the other decisions on the right of the subsequent purchaser to claim lapse of acquisition proceedings, i.e., Meera Sahni Vs. Lieutenant Governor of Delhi & Ors and M. Venkatesh & Ors. Vs. Commissioner, Bangalore Development Authority, it is specifically observed and held that subsequent purchaser has no right to claim lapse of acquisition proceedings. Similar view has been expressed by the Larger Bench judgment of this Court in the case of Shiv Kumar & Anr. Vs. Union of India & Ors.
The High Court has erred in entertaining the writ petition at the instance of the original writ petitioner being subsequent purchaser, praying for a declaration that the acquisition is deemed to have lapsed in view of Section 24(2) of the Act, 2013.
CASE NAME- Delhi Development Authority Vs Asha Jain & Ors
CITATION- CIVIL APPEAL NO. 8088 OF 2022
CORUM- Justice M.R. Shah and Justice M.M. Sundresh
DATE- 09.11.22
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