The demarcation procedure and adherence to guidelines under the Land Acquisition Act were crucial in determining the disputed possession of the land.

( 1 ) THE petitioners have in this writ petition sought quashing of notices Annexure P12 (Colly.) dated 18. 10. 1999 issued by Assistant engineer-III, P. W. D. , Division-XIV, Delhi informing the petitioners that they had unauthorisedly occupied land of Ring Road, Phase-Ill belonging to Public Works department. After the aforementioned notices were received by the petitioners, they on 27. 10. 1999 sent similar reply Annexure P13 (Colly.) pointing out that 150 ft. wide land has been acquired for construction of Ring Road so far under the provisions of the Land Acquisition Act from Raja Garden Chowk towards Maya puri Chowk. The petitioners by making reference to various acquisition proceedings, which had taken place, asserted that they were not in unauthorised possession of any part of the Government land. The total acquired land for Ring Road width was only 150 ft. The land in their occupation was beyond the acquired width and unless further 60 ft. width was acquired under the provisions of the Land Acquisition Act, the same cannot be treated as Government land. Under apprehension that the public Works Department Authorities were considering land in their occupation to be part of the road, when the petitioners were threatened of being dispossessed have the writ petition seeking the following directions:

" (I) Certiorari to quash and set aside notices and actions of the respondents particularly notices dated 18. 10. 1999 (Annexure P12 Colly.) in respect of petitioners land and commercial establishment/shops built thereon fully described in the "schedule of Land and Properties" annexed with the writ petition situated in Sharda Puri Colony facing Ring Road being part of Khasra No. 1435/2, Village Bassai Darapur, Tehsil Patel Nagar, distt. West, New Delhi belonging to the petitioners being illegal malafide and unconstitutional. (ii) Mandamus directing the respondents not to act contrary to law and to restrain them from disturbing peaceful possession and enjoyment of petitioners of their immovable properties i. e. plots of land, commercial establishment/shops presently in possession and occupation of the petitioners. (iii) Call for 1 for the entire records from the offices of the concerned respondents and after examination of the records to quash and set aside the action of the respondents qua petitioners land and properties. (iv) Any other order, direction, writ declaration as this Hon ble Court may in the circumstances of the case consider fit and proper be also granted. " the petitioners impleaded, in addition to Union of India and Delhi Administration, the Officials of Public Works Department as respondent Nos. 4 to 6. Reply was filed by the respondents on the affidavit of Shri T. Tiwari, Executive Engineer, P. W. D. controverting the stand taken by the petitioners stating that the land in occupation of the petitioners formed part of the land, which had been acquired for road.

( 2 ) THE nature of the case set up by the petitioners and the stand taken by the respondents, require, one consideration i. e. the identity of property that whether it forms part of the acquired width of the road or is beyond the acquired width of the road. Demarcation was stated to have been carried out during pendency of this petition on 27. 2. 2001, as per the orders of A. D. M. (West), which was relied upon by the respondents. When the petition came for consideration on 24. 7. 2002, it was noticed that there was dispute as regards the manner in which demarcation had been carried out that it was not in consonance with the procedure applicable.

( 3 ) AT this stage, it may be mentioned that dispute is with respect of land comprised in Khasra No. 1435 of Revenue Estate Basi Darapur, Delhi. Noticing different stand of the parties as also the fact that in earlier acquisitions land had been acquired and a part of the land had been left out to be acquired, over which the petitioners were claiming title, an elaborate order was passed on 24. 7