BADAR DURREZ AHMED, J -- The main question which arises for consideration in this writ petition is – whether the erstwhile owners of land, which was acquired for one particular public purpose but was not fully utilized for such purpose, can claim that the unused land be returned to them?

2. In the present case, the petitioner was the 50% owner of the perpetual leasehold rights in plot No. 2, Block No. 125 also known as 8 Jantar Mantar Road, admeasuring approximately 10,800 sq. mts. By a notification dated 31.03.2000 issued under Section 4(1) of the Land Acquisition Act, 1894

(hereinafter referred to as the ‘said Act’) it was notified that the aforesaid 10,800 sq. mts. of land compromised in the said property was likely to be required to be taken by the Government at public expense for the public purpose of "traffic integration and intake shaft for underground metro at Patel Chowk, MRTS Station" and that the leasehold rights of land in the said property was likely to be acquired for the said purpose. The said notification also indicated that the Lieutenant Governor, Delhi was satisfied that the provisions of Section 17(1) of the said Act were applicable to the land in question and was further pleased to direct under Section 17(4) of the said Act that all the provisions of Section 5A of the said Act would not apply.

3. Thereafter, the declaration under Section 6 of the said Act was notified on 23.05.2000. In July, 2000 the petitioner herein along with the respondents 3 and 4 (who were co-owners) filed a writ petition being WP(C) 1850/2000 in this Court, challenging the said notifications. The main point of challenge was the invocation of Section 17 and the doing away with the provisions of Section 5A of the said Act. It is an admitted position that WP(C) 1850/2000 was sought to be withdrawn without any condition or liberty and the same was dismissed as withdrawn, as such, on 21.09.2000. Possession of the said land was taken by Delhi Metro Rail Corporation (DMRC) (respondent No. 2 herein) on 03.10.2000. The Land Acquisition Collector made his Award No. 13/2001-02 in respect of the said acquisition and directed the payment of compensation to the owners of the said land to the extent of Rs 27.86 crores. The petitioner along with the other co-owners, being dissatisfied with the amount of compensation awarded, filed reference petitions under Section 18 of the said Act for enhancement of compensation. Those references are yet to be decided.

4. In the meanwhile, on 02.04.2007, DMRC took out a tender notice which carried the heading – "Opportunity to Build & Operate Five Star Hotel in the Heart of Delhi – property development at 8, Jantar Mantar near Patel Chowk MRTS Station". The tender notice stated that as a part of its ongoing efforts to generate resources for part financing the MRTS project, through property development, DMRC has identified a parcel of land at 8, Jantar Mantar adjacent to Patel Chowk MRTS Station measuring 10,800 sq. mts. (approximately) for commercial development as a five star / business hotel. Sealed bids/ tenders were invited from eligible developers or interested bidders for property development at 8, Jantar Mantar on concession basis for a period of 30 years. It was also indicated that the selected concessionaire would construct, operate and maintain a five star/ business hotel for the concession period of 30 years. The application procedure was that the interested and eligible applicants could obtain the "request for proposal" (RFP) document on payment of a non-refundable fee of Rs 10,000/- by demand draft/ pay order drawn on any scheduled commercial bank. The sale of the RFP document was to begin on 02.04.2007 and end on 25.04.2007. The last date for submission of queries in writing was to be 11.04.2007 and the pre-bid meeting was to be held on 10.04.2010. The last date for submission of completed and duly filled RFP document was 26.04.2007 at 1500 hrs IST and the technical bids were to be opened on