FOUNTAINHEAD MOTELS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner-Company owned land measuring 12 bighas and 9 biswas situated in the Village Aya Nagar, Tehsil Mehrauli, New Delhi.

(2.) It is the case of the Petitioner that building plans for the construction of a motel building were sanctioned by the MCD on 25.04.2003 and the Ministry of Tourism, Govt. of India granted approval to the Petitioner for setting up of a 4 star category hotel on 15.02.2006. NOC by the Delhi Fire Service was also granted on 22.05.2006.

(3.) The land in question however was notified under Section 4 of the Land Acquisition Act, 1894 ('the said Act' for short) vide notification dated 25.07.2007 for the public purpose of construction of Arjangarh Metro Station on the Qutub Minar-Gurgaon Corridor of Delhi MRTS Project, Phase-II. The Petitioner challenged these acquisition proceedings and filed WP(C) No. 6275/2007 before this Court. During the pendency of the petition a declaration was issued under Section 6 of the said Act on 08.10.2007 and simultaneously a notification of even date under Section 17(1) of the said Act was also issued. The writ petition was dismissed as withdrawn on 10.10.2007 as the DMRC agreed to make some changes in the modified lay out plan for the station. The possession of the land was taken over on 19.01.2008 and notices were issued under Section 9 and 10 of the said Act.