SANJAY KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions have been filed essentially challenging the acquisition notice dated 15.12.2000 issued under Section 4 read with Section 17(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). The challenge is also to the declaration under Section 6 of the Act which was notified on 14.02.2001. By virtue of the said notification and declaration, land to the extent of 30,500 sq meters situated at Mall Road, Delhi was acquired for the public purpose of Mass Rapid Transit System (MRTS). Essentially, the said land was acquired for the purpose of setting up of the Vishwavidyalaya underground station for Delhi Metro Rail Corporation Ltd. (hereinafter referred to as 'DMRC'). However, the said acquisition has been challenged only to the extent of land that was surplus with respondent No. 3 (DMRC). A prayer has also been made for issuance of a writ of mandamus or any other writ or direction or order of a similar nature directing the respondents and in particular respondent No. 3 (DMRC) to return surplus land acquired under the said Notification dated 15.12.2000 to the petitioners on pro rata basis.

(2.) The facts are that 30,500 sq meters of land was acquired for the above purpose. After acquisition, the said land was utilized by the respondent No. 3 (DMRC) for setting up the Vishwavidyalaya station. After completion of the said station, surplus land to the extent of 20,000 sq meters was available with DMRC and the same was put to public auction for a Residential Group Housing Complex. Respondent No. 6 (M/s Young Builders Pvt. Ltd.) was successful in the auction. We may point out that the auction was held on 24.07.2008. Prior to the holding of the said auction, a Gazette Notification had also been take out by the Ministry of Urban Development on 23.09.2005 modifying the Master Plan for Delhi, 2021 in which the land use of the Vishwavidyalaya plot (subject matter of the said auction) was changed from "public and semi public" to "residential".

(3.) It should also be pointed out that earlier the petitioners in these writ petitions had challenged the acquisition proceedings in W.P.(C) No. 1540/2001 and W.P.(C) No. 4589/2000 and other connected matters. The said writ petitions were disposed of on 22.07.2002. The main order was passed in W.P.(C) No. 4589/2000 and the other writ petitions including W.P.(C) No. 1540/2001 were disposed of in terms of the orders passed on 22.07.2002 in W.P.(C) No. 4589/2000. The order passed in WP.(C) No. 4589/2000 reads as under:-