V.K. Jain, J.

1. Land measuring 80 bighas 7 biswas comprised in Khasra Nos. 1726 (3-3), 1727 (4-16), 1728 (2-12), 1729 (6-14), 1747 (4-16), 1748 (4-16), 1749 (4-16), 1750 (4-16), 1751 (4-16), 1752 (4-16), 1753 (3-5), 1754 (6-2), 1755 (4-16), 1756/2 (3-4), 1757/2 (3-4), 1875 (4-16), 1876 (4-16) and 1877 (4-3) in village Rangpuri alias Malikpur Kohi (Vasant Kunj) Tehsil Mehrauli was notified under Sections 4 & 6 of the Land Acquisition Act vide notifications dated 23.1.1965 and 26.12.1965 respectively followed by an award passed in the year 1981. The case of the petitioner is that possession of the aforesaid land was not taken by the Government whereas the case of the respondents is that possession of the entire land except 9 biswas was taken on 31.3.1981 and was handed over to DDA vide notification dated 19.5.1981 issued under Section 22(1) of Delhi Development Act. The aforesaid land was purchased by petitioner No. 3 Shri Ram Saroop Kathuria as karta of a HUF consisting of himself and his sons, vide sale deed dated 18th April, 1967 executed by Smt. Saroopi Devi, Smt. Sarjo and Smt. Bartho in his favour.

2. The acquisition of land was challenged by the petitioners by filing Civil Writ Petition No. 586/1981. An interim order was passed by this Court on 24.3.1981, directing status quo with respect to possession of the land subject matter of the Writ Petition. The interim order, which is alleged to have been served on Land & Building Department of Government of NCT of Delhi on 31.03.1981, was confirmed on 10.4.1981.

3. Vide representation dated 17.8.1995 the petitioners sought release of the aforesaid land under Section 48 of Land Acquisition Act. The Writ Petition came to be dismissed in terms of Full Bench decision of this Court in Roshnara Begum's case dated 24.12.1995. The petitioner filed a Special Leave Petition in Supreme Court against the order of the Full Bench. The Special Leave Petition came to be dismissed by Supreme Court on 1.11.1996. During the course of hearing before the Supreme Court Mr. N.N. Goswami, Counsel for the respondent made a statement that the Government will consider each of the structures and take decision in that respect. The petitioners, who claim to be running a school under the name and style of Kathuria Public School on the land in question since 1988 and allege to have constructed a school building along with staff quarters and boundary wall on it, vide another representation dated 01.01.1996, again sought release of the land from acquisition seeking parity with the case of Hamdard Public School land of which was de-notified by the Government. The petitioners submitted yet another representation dated 11.11.1986 seeking release of their land on the parity of the case of St. Xavier Society land of which was released from acquisition on 06.9.1996 as well as the case of Hamdard Public School. Since there was no response to the representations made by the petitioners, this writ petition came to be filed alleging selectivity by the respondents in de-notification of acquired land. The petitioners sought writs directing the respondents to decide their representations dated 17.8.1995, 01.1.1996 and 11.11.1986. They also sought directions to the respondent not to demolish any part of the building which they have constructed on land in question and not to take its physical possession from them.

4. In their counter-affidavit, respondent No. 2 Lieutenant Governor of Delhi and respondent No. 3(i) Government of National Capital Territory of Delhi, through Secretary, Land and Building Department, have alleged that petitioners have concealed facts from the Court since they did not disclose that land in question was purchased by petitioner No. 3 vide sale deed dated 18th April, 1967 after land in question had been notified for acquisition. It is also alleged that while taking possession, except in respect of 9 biswas of land comprised in Khasra No. 1877 where some built up structure was found, the respondents had al