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The Supreme Court has said that the land acquired for public purposes cannot be allowed to be encroached upon. The Court made the statement while directing the Delhi Development Authority and other authorities to take immediate action for removing a car clinic and other vendors from the pavement built on roads abutting a metro station in Delhi.

"A citizen has lost his valuable property by way of compulsory acquisition. The compulsory acquisition has been made for a public purpose and therefore, the appellant and all the concerned authorities cannot allow the pavement to be used for any purpose except for allowing people to walk," a bench of Justices Abhay S Oka and Sanjay Karol said.

The court allowed an appeal filed by the DDA against the Delhi High Court's judgement directing the land development to pay enhanced compensation to a land owner as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In the case, the court noted there is no dispute that the possession of the acquired land was taken over on January 19, 2006. Therefore, in terms of the decision of the Constitution Bench in the case of  Indore Development Authority (2020), the 2013 Act will have no application even though the compensation has not been paid.

It also pointed out the acquired land has been utilised for Delhi Metro Rail Corporation for its car maintenance depot at Kalindi Kunj under the MRTS Project (Phase ¬III).

“Though, the appeal succeeds, considering the conduct of the appellant (DDA), we saddle the appellant with costs of Rs 50,000,” the bench said.

It also ordered that if the compensation determined as per the Award made under Section 11 of the 1894 Act has not been yet paid till date, the appellant and /or the second respondent shall pay the same to the first respondent in the manner provided in clause (d) as above within a period of one month from today.”

Going through the photographs of the metro depot constructed on the acquired land, the bench said, "We noticed that a part of the pavement abutting the metro depot which is a part of the acquired land has been already occupied by a car clinic and other vendors.”

"We hope and trust that either the appellant takes immediate action on this behalf or calls upon the authorities empowered to take action to do the needful immediately in accordance with the law," the bench said.

Case Title: DDA vs. Jagan Singh & Ors