1. This common order shall lead to disposal of both the aforesaid writ petitions as the issue raised therein are similar.

2. Invoking urgency clause section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘1894 Act’), the State Government vide notification under section 4 read with section 17, published in daily Dainik Bhaskar dated 4.8.1992 for housing project of Madhya Pradesh Housing Board, notified 2.992 Hectares of land situated at Bagh Mughaliya and 3.725 Hectares of land situated at Bagh Sewaniya, Tahsil Huzur District Bhopal, including the land belonging to the petitioners situated in these two villages, for acquisition. That, an Award was passed on 16.9.1994 in Land Acquisition Case No.4-A-82/91-92. The beneficiary i.e. the Housing Board deposited amount of Rs.41,33,879/- vide Cheque on 27.8.1994, 31.9.1995, 7.2.1995 and 13.2.1995. Possession of land at Bagh Sewaniya bearing Khasra No.139, 140, 143, 199, 200, 144/1, 145, 146, 147, 149/1, 152, 196, 153, 154, 191, 167, 190, 171, 179, 180, 181, 283, 254, 193, 195, 198, 201, 197, 275, 211, 279, 278, 274, 280, 281, 381, 278, 161 and 165 Total Area 9.30 Acres was given to the beneficiary vide Panchnama dated 16.2.1996. The possession of remaining land of Village Bagh Sewaniya was given to Housing Board on 7.4.1997. The Housing Board, thereafter, developed five blocks and constructed 56 residential units and 12 shops and are now set with the second phase of construction.

3. That, one of the land owner (other than these petitioners) had approached this Court vide Writ Petition No.2764/1999, seeking direction that the respondents be restrained from dispossessing the petitioner from land situated at Village Bagh Sewaniya. The petition was disposed of on 17.12.1999 in the following terms :

By this writ petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for issuing of an appropriate writ restraining the respondents from dispossessing the petitioner from the land situate at Village Bagh Savehia, bearing Patwari Halka No.20 in the district of Bhopal bearing Khasra No.146, 148, 147 and 149 as he has purchased the same by a registered sale deed dated 16.5.94 from the son of Late Badri Prasad. Counter affidavits have been filed by the State Government as well as M.P. Grih Nirman Board, Bhopal contending inter alia that the aforesaid land was acquired by the State Government by notification dated 18.9.1992 and an award has already been passed on 16.9.1994. Submission of Mr. V.K. Shukla, learned Government Advocate for the State is that the entire land including the disputed Khasras are covered under the aforesaid notification. Keeping in view the aforesaid stand, it is hereby made clear that the Khasras which find mention in the notification possession can be taken over by the State Government/Housing Board and the area in question which is not covered by the notification shall remain unaffected. With the aforesaid observation and direction, the writ petition stands disposed of.

4. Be it noted that in the said Writ Petition i.e. WP-2764-1999, status quo was also ordered on 27.10.1999.

5. Pertinent it is to note that the land owners were informed for receiving compensation; however, representations were filed stating that since they are in possession, they do not intend to take the compensation but, to retain their possession. It is in the realm of these facts that the petitioners have remained in possession over the land in question.

6. Present writ petitions have been filed seeking direction that the respondents be restrained from interfering with the possession over the land in question and a further direction to release the land in question from the acquisition.

7. Question is that, once in furtherance to invocation of urgency clause and the Award having been passed and the possession of land acquired is given, resulting in vesting of land in the Government /beneficiary, whether it will be open for the erstwhile land-owners to