1. Admit. Heard finally with the consent of the learned counsel for the parties.

2. The intra Court appeal has been preferred by the appellant Jaipur Metro Rail Corporation Ltd. as against the interlocutory order passed by the Single Bench on September 11, 2012 staying the acquisition proceedings of the land in question and giving liberty to the State Government to restart the proceedings for the purpose of land acquisition in accordance with law with respect to land being acquired for the purpose of Jaipur Metro Rail Project.

3. The writ petition has been filed by the petitioners Alok Kotahwala & Ors. before the Single Bench praying for the relief of quashment of Notification issued under Section 4 on 26-5-2011 and the declaration issued under Section 6 of the Land Acquisition Act, hereinafter referred to as "the Act", published in Rajasthan Patrika on 6-7-2012. Prayer has also been made to quash the notice dated 11-7-2012 issued under Section 9 of the Act on the ground that acquisition of the land for the Metro Car Depot as mentioned in the Notification under Section 4 of the Act is illegal, it amounts to colourable and mala fide exercise of the power; there has been gross violation of the provisions of Section 5A of the Act; personal hearing was not given to the petitioners as provided under Section 5A of the Act; the objections submitted were not decided either by the State or by the Land Acquisition Officer (LAO); it is neither feasible nor practicable to have depot on the metro route of the track much before the terminal station. A bare reading of the DPR shows that many operational features of the Metro can only be undertaken at the terminal station such as rak induction, withdrawal to main line, movement from depot to main line without affecting the headway of main line. The land of the petitioners is around 6- 7 meters below the ground level, at the same time the metro route is on an elevated platform, therefore, earth filling will have to be done at the site in question; the land of the petitioners is not basically required; there are other alternative lands available belonging to RIICO and IOC, which could have been used for the purpose of construction of Car Depot; such huge chunk of the land is not required, which is being acquired, therefore, the petition has been preferred.

4. In the return filed by the respondents i.e. Jaipur Metro Rail Corporation and Delhi Metro Rail Corporation and also by the State, it is contended that only suitable land is being acquired; it cannot be said that the land in question is not suitable for the Car Depot: the petitioners cannot make their suggestions, the land in question cannot be termed as commercial plot; land acquisition proceedings have been legally initiated as per the detailed project report. This DPR has been prepared by the experts and they have decided all the places of the Metro Rail building and other matters ancillary thereto namely storm water drains, sewer line, water supply, trenches for electrical and signaling cables, circulating roads, watch towers, Jaipur Metro Rail Line, Stations. escalators, operating rooms, parking and other ancillary constructions at a particular place as per the approved map. It is also submitted that in a Car Depot, various buildings like Inspection Offices, work-shop Offices, Emergency Shed, Auto Coach Wash Plant, Parking, Staff Quarters, Coach Unloading Track, Scrap Yard, Interior Cleaning Shed etc. are required to be constructed, therefore, the planning for construction of the Car Deport has been accordingly done, a copy of the DPR has been filed as Annex.R/3/1 to the return. It cannot be said that there is any mala fide and colourable exercise of the power; the Scheme is to serve the public interest at large and the petitioners are seeking to halt the process of Jaipur Metro Rail Project without any basis. Jaipur Metro Rail Corporation is a Corporate body as apparent from the Certificate Annex. R/3/2 to the return.

5. It is fu