A.K. Sikri, J.

1. The land of the Petitioners herein comprising of Khasra Nos. 5/21,22/2,6/21, 23/1 (min), 23/2 (min), 5/24, 25,24 (min), 23, 5/9/1 alongwith other chunk of land has been acquired by the Respondent No. 1 for the public purpose i.e. for the development of 400 X 220 KV Grid Stations in village Mandoli. The total area which is acquired is 80 bigha and 15 biswa area belonging to various persons of the said village. Out of this, land of the Petitioners covered by the aforesaid Khasra Nos. is approximately 150 bighas. For the purpose of acquisition of the aforesaid land, Notification dated 13th October, 2009 was issued under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the "Act?) stating that land described herein i.e. land in question was likely to be acquired for public purpose namely for establishment of 400 X 220 KV sub-station at village Mandoli. This Notification further stated that the Lt. Governor, Govt. of NCT of Delhi (Respondent No. 2) was satisfied that provisions of Sub-section (1) of Section 17 of the Act are applicable to this land. He was further pleased to pass an order under Sub-section (4) of Section 17 of the Act directing that all provisions of Section 5A of the Act shall not apply. Consequent Notifications dated 9th November, 2009 were issued under Section 6 as well Section 17(1) of the Act.

2. The Petitioners have filed the instant petition under Article 226 & 227 of the Constitution of India, challenging the aforesaid Notifications dated 13th October, 2009 and 9th November, 2009. The primary grievance of the Petitioners is to the invocation of provisions of Section 17(4) of the Act whereby inquiry under Section 5A of the Act has been dispensed with. The basic contention in this behalf is that there was no such urgency in the matter to pass the order under Section 17(4) of the Act by the Respondent No. 2 thereby denying the valuable right of the Petitioners to file their objections to the proposed acquisition of their land.

3. We may state at the outset that it is not disputed by the Petitioners that the land required for setting up of the electric sub-station is a public purpose. Therefore, it is not in dispute that the Government is in need of land for the aforesaid purpose and there is a need for setting up of the electric sub- station as well. However, as mentioned above, the anguish of the Petitioners is that they are divested of their valuable right granted by the Legislature under Section 5A of the Act and had the Petitioners been given an opportunity to avail this right, they would have demonstrated that neither the extent and quantum of land acquired for the purpose is needed, as the aforesaid purpose could be served by acquiring my lesser land, nor the land in question is feasible for setting up of such electric sub-station.

4. Before we take note of this detailed arguments made by the Petitioners in this behalf, it would be necessary to give certain factual background leading to the issues of the impugned Notifications.

5. The Respondent No. 3 namely Delhi Transco Ltd. (DTL) is primarily concerned with the generation and distribution of the electricity in Delhi. Concededly, the demand of electricity in Delhi is much more than the supply available. It is for this reason, that in order to augment the supply in East Delhi region, necessity was felt for establishing a sub-station at East of Loni Road. For this purpose, in and around 2005, DTL addressed communication dated 6th December, 2005 requesting Delhi Development Authority (DDA)/Respondent No. 4 for allotment of lands at two locations in and around East of Loni Road for setting up of the sub stations. The DDA, however, refused to oblige the DTL on the ground that the land which was desired by the DTL had already been earmarked for different purposes then the purpose for which it was being sought by the DTL. After a slumber of nearly two years, DTL sent another request dated 7th March, 2008 on same lines.