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Thursday, 6 October 2011

Acquisition of land by DDA

DDA falls within the definition of the expressions “local authority” and “person interested” -- D.D.A. was entitled to participate in the proceedings held before the Land Acquisition Collector -- Failure of the Land Acquisition Collector to issue notice to the DDA and give an opportunity to it to adduce evidence for the purpose of determining the amount of compensation payable to the land owners was fatal to the award passed by him. Delhi Development Authority v. Bhola Nath Sharma (Dead) by L.Rs. and others, 2011(1) L.A.R. 590 (SC).
Limitation – Condonation of delay -- Neither the Land Acquisition Collector nor the Reference Court gave opportunity to the DDA to adduce evidence for the purpose of determining the amount of compensation -- High Court did not issue notice to the DDA apparently because it was not a party to the proceedings -- Notwithstanding this, the DDA has been asked to release Rs.14 crores and odd for payment of compensation to the respondents -- Permission to file the special leave petitions granted to DDA – Delay of 372 days condoned. Delhi Development Authority v. Bhola Nath Sharma (Dead) by L.Rs. and others, 2011(1) L.A.R. 590 (SC).

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