Difference of opinion on one of the points that fell for consideration in a batch of cases heard by a bench comprising Swatanter Kumar and Madan B. Lokur, JJ pas necessitated this reference to a third judge. The precise issue on which the two Hon'ble Judges have differed and the facts giving rise to the controversy have been stated in the, orders proposed by their lordships. It is, therefore, unnecessary to recount the same over again except to the extent it is absolutely necessary to do so for a correct appreciation of the submissions made at the bar.

2. A large extent of land situate in revenue estate of village Malikpur Kohi also called Rangpuri, New Delhi was notified for acquisition by the appropriate Government for the public purpose of construction of staff quarters for the employees serving in the Government of NCT of Delhi. The preliminary notification issued under Section 4 on 1st June, 1995 also purported to invoke the powers vested in the Government under Section 17(1) and 17(4) of the Land Acquisition Act. Aggrieved by the said notification and the declaration under Section 6 of the Act issued on 17th November, 20.0.5, the land owners filed a large number