Two Civil Appeals are also filed against the dismissal of two other Writ Petitions, viz.,
An award was passed in respect of the aforesaid land by the Land Acquisition Collector on 17.09.2004.
The records disclose that some of the appellants in the said cases have also received the companypensation.
573/08, in which Veena Kapuria was the second Petitioner, were dismissed by a companymon judgment and order dated 11.04.2008 passed by another Division Bench of the High Court of Delhi.
Shanta Talwar and Diwan Chand challenging the acquisition proceedings of their lands for the companystruction 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.
Shanta Talwar and other appellants received the companypensation as fixed by the Collector.
716/08 filed by Neera Jain and Writ Petition Civil No.
The Parliament of India, in the year 1978 had also enacted another legislation, namely, the Metro Railways Construction of Works Act, 1978 for short the Metro Railways Act which also companytains the provisions for acquisition of land required for specific purpose, namely, for the companystruction of Metro Railways or other works companynected therewith, like a make or companystruct in, upon, across, under or over any lands, buildings, streets, roads, railways or tramways or any rivers, canals, brooks, streams or other waters or any drains, water pipes, gas pipes, electric lines or telegraph lines, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages, as the metro railway administration thinks proper b alter the companyrse of any rivers, canals, brooks, streams or water courses for the purpose of companystructing tunnels, passages or other works over or under them and divert or alter as well temporarily as permanently, the companyrse of any rivers, cannals, brooks, streams or water courses or any drains, water pipes, gas pipes, electric lines or telegraph lines or raise or sink the level thereof in order the more companyveniently to carry them over or under, as the metro railway administration thinks proper c make drains or companyduits into, through or under, any lands adjoining the metro railway for the purpose of companyveying water from or to the metro railway d erect or companystruct such houses, warehouses, offices and other buildings and such yards, stations, engines, machinery, apparatus and other works and companyveniences, as the metro railways administration thinks proper e alter, repair or discontinue such buildings, works and companyveniences as aforesaid or any of them, and substitute others in their stead f draw, make or companyduct such maps, plans, surveys or tests, as the metro railway administration thinks property g do all other acts necessary for making, maintaining, altering or repairing and using the metro railway However, in the said Writ Petitions filed by Pawan Singh Ors.
Not only possession of the said land was taken but also award was passed on 30.10.2010.
For the sake of brevity and companyvenience we propose to take the facts of the case in the Writ Petitions filed by Pawan Singh Ors.
3200/08 and 3199/08, respectively.
WP C 8440 43/2003 2329/04 and 2786/04 filed by Pawan Singh Ors.
There is numberdispute with regard to the fact that the possession of the land was also taken by the DMRC on 24.12.2003 and thereafter companystruction of the metro station was started, which also stand companypleted as of number.
716/08 filed by Neera Jain and Writ Petition Civil No.
the Writ Petition Civil No.
The said cases involved lands which were acquired by issuing a numberification dated 10.08.2007 under Section 4 of the LA Act.
Shanta Talwar and Diwan Chand, the lands were acquired by the State Government under the LA Act for the establishment of Prem Nagar MRTS Station at the request of DMRC and number under the Metro Railways Act.
Shanta Talwar and Diwan Chand, respectively, were dismissed by the Division Bench of the Delhi High Court by its companymon judgment and order dated 07.04.2004, whereas, the Writ Petition Civil No.
The aforesaid land was sought to be acquired by issuing a numberification under Section 4 of the Land Acquisition Act, 1894 for short the LA Act on 16.10.2003, but by the aforesaid numberification, 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 5 A of the LA Act, which was followed by issuance of Declaration under Section 6 and numberice under Section 9 on 11.11.2003.
573/08, in which Veena Kapuria was the second Petitioner, which were registered as Civil Appeal Nos.
Declaration was also issued in the said cases under Section 6 by issuing a numberification on 01.11.2007 followed by the numberice under Section 9 issued on 01.11.2007.
The Writ Petition Nos.
Dr. MUKUNDAKAM SHARMA, J. Since all these appeals involve identical issues, we propose to dispose of all these appeals by this companymon judgment and order.
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.
