GOVERNMENT OF NCT OF DELHI & ANR. V. M/S BSK REALTORS LLP & ANR. (AND CONNECTED MATTERS), 2024 (SC) 420
FACTS: The case concerns land acquisition proceedings initiated by the Delhi government under the Land Acquisition Act, 1894 for the planned development of Delhi. Notifications were issued between 1957 and 2006, and compensation awards were made, but challenges from landowners and other issues prevented the completion of some acquisitions. The 1894 Act was subsequently replaced by the Land Acquisition Act, 2013, which introduced reforms including Section 24, deeming certain acquisitions to have lapsed if compensation had not been paid or possession not taken. The Supreme Court interpreted Section 24 in the Pune Municipal Corporation v. Harak Chand Mistrimal Solanki case. Multiple Special Leave Petitions (SLPs) were before the Supreme Court, originating from Delhi government entities like DMRC and DDA, appealing High Court decisions.
ISSUE: Whether the Doctrine of Merger is universally applicable under Article 142 of the Indian Constitution.
OBSERVATION: Recently, the Supreme Court clarified that the Doctrine of Merger is not universally applicable and that the powers under Article 142 of the Constitution constitute an exception to this doctrine and the rule of stare decisis. The appellants argued that the Doctrine of Merger is a common law principle and not universally binding. The Court emphasized that applying the Doctrine of Merger mechanically to all cases could lead to irreversible consequences. Consequently, most appeals filed by the Delhi government authorities were allowed, overturning previous directions.
Thus, the Supreme Court's decision recognized the discretionary nature of Article 142 powers, underscoring that the Doctrine of Merger does not universally govern its exercise and that each case must be evaluated based on its own merits and circumstances.
