The main legal point established in the judgment is that the Government can resort to either the Land Acquisition Act or the Metro Railways Act for land acquisition, and the two Acts can co-exist. The court also emphasized the need for authorities to comply with the provisions of Section 17(3a) of the Land Acquisition Act.

( 1 ) THESE writ petitions raise an important question of law having far-reaching consequences. The issue arises in relation to the acquisition of land for a public purpose, namely, Prem Nagar Station, which is part of Mass Rapid Transit System (in short the MRTS ), a Project undertaken by the Delhi Metro Rail Corporation (in short the DMRC ). There is no denying the fact that in Delhi land can be acquired by the Government, for public purpose, under the provisions of the Land Acquisition Act, 1894 (in short the LA Act ). However, the Parliament, way back in the year 1978, also enacted another Legislation, namely, the Metro Railways (Construction of Works) Act, 1978 (hereinafter referred to as the Metro Railways Act ) and, this Act also contains the provisions for acquisition of land required for specific purpose viz. for the construction of Metro Railways or other works connected therewith. In the present case, land is acquired under the provisions of the LA Act for MRTS at the request of DMRC. The contention of the petitioners is that in view of the provisions of the Metro Railways Act which is extended to metropolitan city of Delhi as well, land for the purpose of Metro Railway could be acquired only under this Act and not under the LA Act. It is this question which has fallen for consideration in these proceedings.

( 2 ) BEFORE embarking on the discussion on this vital question, it may be necessary to take stock of the background facts. For the sake of convenience facts of WP (C) No. 8440/2003 are noted.

( 3 ) THE Petitioners are the owners of the built up properties and land underneath situate in Khasra No. 82/16 of village Hastsal, Delhi, which is now known as Prem Nagar. Admittedly, it is heavily built and thickly populated colony.

( 4 ) IT is a matter of common knowledge that due to ever increasing demand of urban population in Delhi the existing service transport facilities have been found to be thoroughly inadequate. This problem, therefore, had been receiving the attention of the Government. Various options were suggested and deliberated upon, to overcome this difficulty and to mitigate the suffering of the commuting population, from time to time. Ultimately the Government approved the MRTS Project. To undertake this project the DMRC was incorporated as a company under the Indian Companies Act, 1956. Immediately it started the project in right earnestness. It is not necessary to state in detail this project. The petitioners are candid in accepting the importance of this project for the people of Delhi. The project is envisaged in various stages. First stage of the project was from Shahdara to Tis Hazari. When this project was almost over and was to be opened for the public carriage of passengers in the year 2002, Legislature deemed it necessary to make legal provisions for the operation and maintenance of the metro railway in Delhi. To achieve this object, the President promulgated the Delhi Metro Railway (Operation and Maintenance) Ordinance, 2002 on 29th October, 2002. This Ordinance was replaced by an Act of Parliament, i. e. the Delhi Metro Railway (Operation and Maintenance) Act, 2002. Provisions of the Metro Railways Act, 1978 are also made applicable to the metropolitan city of Delhi.

( 5 ) WHENEVER land is required for the purpose of MRTS Project the same has been acquired by the land acquisition authority from time to time and put at the disposal of the DMRC. In fact, in accordance with the project and planning undertaken for this purpose, whenever a particular piece of land at a particular place is required by the DMRC, it sends a requisition to the land acquiring authority and on such request being made the land is acquired and put at the disposal of the DMRC. It was accepted at the Bar that every time the machinery under the LA Act is put into motion and the provisions of the Metro Railways Act have never been invoked. Acquisition in the instant case is no exception.

( 6 ) IN the pr