SHANTA TALWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Since all these appeals involve identical issues, we propose to dispose of all these appeals by this common judgment and order.

(2.) All these appeals are directed against the judgments and orders passed by the High Court of Delhi, whereby the High Court has dismissed the Writ Petitions filed by the Appellants herein. The Writ Petition Nos. WP(C) 8440-43/2003; 2329/04 and 2786/04 filed by Pawan Singh and Ors.; Shanta Talwar and Diwan Chand, respectively, were dismissed by the Division Bench of the Delhi High Court by its common judgment and order dated 07.04.2004, whereas, the Writ Petition (Civil) No. 716/08 filed by Neera Jain and Writ Petition (Civil) No. 573/08, in which Veena Kapuria was the second Petitioner, were dismissed by a common judgment and order dated 11.04.2008 passed by another Division Bench of the High Court of Delhi.

(3.) For the sake of brevity and convenience we propose to take the facts of the case in the Writ Petitions filed by Pawan Singh and Ors.; Shanta Talwar and Diwan Chand challenging the acquisition proceedings of their lands for the construction of Prem Nagar Station, which is a part of Mass Rapid Transit System (for short MRTS), which is a project undertaken by the Delhi Metro Rail Corporation (for short DMRC). The aforesaid land was sought to be acquired by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (for short the LA Act) on 16.10.2003, but by the aforesaid notification, urgency provision under Section 17(1) read with Section 17(4) of the LA Act was also invoked dispensing with the enquiry inviting objections under Section 5A of the LA Act, which was followed by issuance of Declaration under Section 6 and notice under Section 9 on 11.11.2003. There is no dispute with regard to the fact that the possession of the land was also taken by the DMRC on 24.12.2003 and thereafter construction of the metro station was started, which also stand completed as of now. An award was passed in respect of the aforesaid land by the Land Acquisition Collector on 17.09.2004. Smt. Shanta Talwar and other Appellants received the compensation as fixed by the Collector.