JUDGMENT

G. S. Singhvi, J.

1. The questions which arise for consideration in this appeal are whether the Government of NCT of Delhi could have invoked Section 17(1) and (4) of the Land Acquisition Act, 1894 (for short, ‘the Act’) and dispensed with the rule of hearing embodied in Section 5A(2) thereof for the purpose of acquiring land measuring 80 bighas 15 biswas including 21 bighas 3 biswas belonging to the appellants for a public purpose, namely, establishment of electric sub-station by Delhi Transco Limited (for short, ‘DTL’) at village Mandoli and whether the Division Bench of the Delhi High Court had rightly negatived the appellants’ challenge to the acquisition of their land.

2. For deciding the aforesaid questions, it will be useful to notice the events which led to the issue of notification dated 13.10.2009 under Section 4(1) read with Section 17(1) and (4) of the Act and declaration dated 9.11.2009 under Section 6(1) of the Act.

2.1 It is not clear from the pleadings of the parties and the record produced before the High Court and this Court as to when the decision was taken to establish 400/220 KV sub-station at East of Loni Road but this much is evident that by a commu