IMPORTANT POINT
In view of the urgent need for acquisition of the land which cannot be met under the Metro Railways Act, 1978, resort to the L.A. Act cannot be faulted.

JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) This appeal is directed against the judgment and order dated 08.09.2009 passed by the High Court of Delhi at New Delhi in W.P. (C) No. 9647 of 2009 whereby the High Court dismissed the petition filed by the appellants herein.

3) Brief facts:

A notification under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) was issued on 24.10.1961 to acquire vast chunk of agricultural land for the planned development of Delhi including the lands of the appellants herein situated in Village Mehrauli. A declaration under Section 6 of the Act in respect of the said land was issued on 04.01.1969. Notices were issued by the Collector under Section 9 of the Act on 26.04.1983, after a lapse of almost 22 years from the date of Notification published under Section 4 (1) of the Act. Thereafter, objections and claims were filed by the appellants on 23.05.1983. Challenging the validity of the acquisition proceedings, the appellants filed W.P. (C) No. 1129 of 1983 and other members of the family also filed W.P.(C) No. 1131 of 1983 before the High Court. The High Court, vide its order dated 25.05.1983, issued notice and directed to maintain status quo as on that date.

However on 15.04.2004, the High Court dismissed the writ petitions. Against the dismissal of the writ petition, the appellants filed Review Petition No. 253 of 2004 which was also dismissed by the High Court. Aggrieved by the said order, on 19.11.2004, the appellants filed S.L.P. before this Court. On 24.01.2005, this Court, while issuing notice, granted status quo in respect of possession of the land in question. Thereafter, the abovesaid S.L.P. were numbered as Civil Appeal Nos. 2418-2419 of 2008. On 07.10.2008, Delhi Metro Rail Corporation Limited (hereinafter referred to as “DMRC”) filed applications in C.A. Nos. 2418-2419 of 2008 for impleadment and vacation/modification of order of status quo on the ground that land admeasuring 26,187 sq. mtr. Was required urgently for the construction of Chattarpur Metro Station on Qutub Minar-Gurgaon Corridor of Delhi MRTS. On 17.11.2008, this Court allowed the application for impleadment and clarified that the order of status quo passed by it will not come in the way of DMRC proceeding with fresh acquisition in accordance with law. Thereafter, on 19.01.2009, the Land Acquisition Collector along with Delhi Administration preferred I.A. No. 5 of 2009 and on 29.1.2009, DMRC also filed I.A.No.6 of 2009 in C.A. Nos. 2418-2419 of 2008 for modification of this Court’s order dated 17.11.2008. This Court, on 23.02.2009, disposed of the said applications for modification reiterating its earlier order dated 17.11.2008. On 06.06.2009, the Government of NCT of Delhi and Land & Building Department, Govt. of Delhi published a notification dated 02.06.2009 under Section 48 of the Act withdrawing its earlier notification for acquisition of land in question and a fresh notification dated 04.06.2009 was published on 07.06.2009 exercising powers under Section 4 read with Section 17(1)(4) of the Act seeking to acquire land of the appellants. Challenging the said notification, the appellants filed W.P. (C) No. 9647 of 2009 before the High Court. The High Court by the impugned order dated 08.09.2009 dismissed the petition. Aggrieved by the said order, the appellants have preferred this appeal by way of special leave petition before this Court.

4) Heard Mr. P.S. Patwalia, learned senior counsel for the appellants/land owners, Mr. Parag P. Tripathi, Additional Solicitor General for the Union of India and Mr. Nikhil Goel for DDA.

5) Main Contentions:

i) When the acquisition of the land is for DMRC and when there is a specific Act, namely, the Metro Railways (Construction of Works) Act, 1978 whether the authorities are justified in invoking the urgency provision in the Land Acquisition Act by dispensing enquiry under Section 5A of the said Act.

ii) When Government land adjoining to the l