V.K.Jain, J.

A Notification dated 24.10.1961 was issued under Section 4(1) of Land Acquisition Act, to acquire vast chunk of agricultural land in Delhi for planned development of Delhi. The notification covered land of the petitioners in Village Mehrauli. Declaration under Section 6 of Land Acquisition Act (hereinafter referred to as “the Act”) in respect of the aforesaid land was issued on 4th January, 1969. After filing objections and claims pursuant to the notice dated 26.4.83, issued under Section 9 of Land Acquisition Act, the petitioners filed Civil Writ Petition No. 1129 of 1983, challenging the validity of the acquisition proceedings. The Writ Petition filed by the petitioners having been dismissed by this court on 15th April, 2004, they filed Review Petition No. 253 of 2004 which also was dismissed by this court vide order dated 13th August, 2004. The petitioner preferred Civil Appeal No. 2418-2419/2008 before the Hon?ble Supreme Court and vide order dated 24.01.2005, the Hon?ble Supreme Court granted status quo in respect of possession of land in question.

2. In October 2008, Delhi Metro Rail Corporation Limited (hereinafter referred to as “DMRC”), filed an application being I.A. No 1 and 2 of 2008 in Civil Appeal No. 2418 – 2419/2008, seeking impleadment in the appeal and vacation of stay orders dated

24.1.2005 and 31.3.2008 on the ground that land admeasuring 26,187 Sq mtr was required urgently for construction of Chattarpur Metro Railway Station on Qutub Minar – Gurgaon Corridor of MRTS, which was scheduled to be commissioned in January 2010 and was held up on account of inability expressed by DDA to allot the said land to DMRC, due to stay orders passed by the Hon?ble Supreme Court. It was further stated in the application that timely execution of the work being necessary on account of approaching Commonwealth Games 2010 in Delhi, the land was required by DMRC on an urgent basis. It was also stated in the application that DMRC proposes to construct Chattarpur Metro Railway Station including Running Section, Entry/Exit Area, road Modification and Staircase of Foot Bridge, Viaduct, Traction Sub Station on the aforesaid land. A copy of the map showing total area of land required for construction of Chattarpur Metro Railway Station was enclosed with the application as Annexure-A. It was also stated in the application that the route proposed for the construction of Phase-II of the Project between Qutub Minar – Gurgaon corridor had been thoroughly investigated and the same had been proved to be the most feasible route economically and for the purposes of the ridership etc etc.

3. Vide order dated 17th November, 2008, the Hon?ble Supreme Court directed as under: “Impleadment allowed. In the matters order of status quo has been running from 24th January, 2005. I.A. Nos. 3 and 4 have been preferred by Delhi Metro Rail Corporation Limited. From the I.A., it appears that Delhi Metro Rail Corporation Limited requires urgently an area admeasuring 2.6 hectares (approximately) for Chhatarpur Railway Station. Having heard learned counsel on both sides, we hereby clarify that the order of status quo passed by this court will not come in the way of Delhi Metro Rail Corporation Limited proceeding with fresh acquisition in accordance with law. I.A. accordingly stand disposed of. We make it clear that rights and contentions on both sides with regard to fresh acquisition are expressly kept open.”

4. An application dated 19th January 2009 was filed by respondents No. 2 and 3 before the Hon?ble Supreme Court for modification of its order dated 17.11.2008. It was stated in Para 12 of the application that notification issued by Delhi Government for acquisition of land in question had neither lapsed nor was it withdrawn by the Government and therefore another notification could not be issued afresh in respect of the same land. Respondents No. 2 and 3 felt aggrieved by the order dated 17.11.2008 to the extent it directed “fresh”