1. This petition, filed by the original land owners of the subject land, seeks quashing of an acquisition notification issued by the State under the Requisitioning and Acquisition of Immovable Property Act, 1952 (“Act”). The acquisition is of the year 1953 and is challenged in the year 2015.

2. The short facts of the case relevant for our purposes may be stated as follows :-

The properties situated at Villages Marol and Sahar, Taluka Andheri, District Mumbai, which are described in the writ petition as ancestral properties of the Petitioners (“subject lands”), were initially requisitioned by the Union of India and subsequently acquired for the purposes of Chhatrapati Shivaji International Airport (formerly known as Sahar International Airport), which is the only international airport operating in Mumbai. After following the provisions of the Act, the subject lands, which were originally requisitioned under Section 3 and taken possession of under Section 4 of the Act, were acquired by the Central Government for the public purpose of airport. The acquisition was by publishing a notice that the Central Government had decided to acquire the property in pursuance of Section 7 of the Act. The notice was issued in the year 1953. After following the provisions of Section 8 of the Act, the land owners were paid compensation under Section 9 of the Act. Even that happened as far back as in the year 1953. Ever since then the Central Government has continued to be the owner of the subject land. The international airport was constructed and was being operated under the Airport Authority of India till about 2006. By an agreement dated 4 April 2006, titled as Operation, Management and Development Agreement (“OMDA”), between the Airport Authority of India and Mumbai International Airport Pvt. Ltd. - Respondent No.4 herein, the Airport Authority of India granted Respondent No.4 (which was a company established through the equity of Airport Authority of India and the other private promoters of Respondent No.4) exclusive right and authority during the term of OMDA to undertake some of the functions of Airport Authority of India concerning operation, maintenance, development, upgradation, etc. of the international airport and perform services and activities constituting aeronautical services and non-aeronautical services at the airport. It is the grievances of the Petitioners in the present petition that the development of the international airport in terms of OMDA has been complete. It is submitted that a large part of the land originally acquired from the land owners, including the Petitioners herein, has been lying unutilised. It is submitted that Respondent No.4 has now invited interested parties to submit applications for participation in a competitive bidding process for five land parcels forming part of the land of Terminal 2 of the international airport for commercial exploitation. These land parcels include the subject lands. It is submitted that this commercial exploitation includes construction of hotels and other commercial and retail outlets, which are not only to be used by passengers using the airport but also people of Mumbai generally. It is submitted that the land originally acquired for the public purpose of an airport is thus being diverted to purely private commercial user. It is submitted that this diversion amounts to an act of fraud. It is submitted that as a matter of general principle bearing on the State power of eminent domain and its exercise, since this land is no longer to be used for a public purpose, it must be reverted to the original owners, i.e. the Petitioners.

3. Under the scheme of the Act, if a property, which is requisitioned originally for a public purpose, being a purpose of the Union, is required for a public purpose, during the time the property is subject to such requisition, the Central Government is empowered, under Section 7 of the Act, to acquire the same by publishing in the Official Gazett