JUDGMENT
Badar Durrez Ahmed, J.
1. With the consent of the learned counsel appearing for the parties, this writ petition is taken up for final disposal.
2. The petitioners have prayed for issuance of:-
(a) a writ in the nature of certiorari quashing the impugned notice dated 26.5.2005 under Section 16 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) issued by the Respondent No. 3 (Land Acquisition Collector/ADM, North, Delhi);
(b) A writ in the nature of prohibition, prohibiting the respondents, their agents and employees, from removing the petitioners from their occupation on the said land in Khasra No. 730/416, 732/416 and 412, Civil Station, Delhi and further from demolishing any portion of the house of the petitioners in their respective occupation.
3. The notice dated 26.5.2005 which is impugned herein was issued to each of the petitioners and reads as under:-
"OFFICE OF THE ADM-CUM-LAND ACQUISITION COLLECtor (N) 1 KRIPA NARAIN MARG; DELHI" 110054 No. F.A.D.M./LAC(N)/ADM/10 Dated 26/5/05 NOTICE Sub:- Notice for taking over the possession of acquired land U/S 16 the Land Acquisition Act, 1894 1984 of Property No. 3, Attur Rehman Lane Kh. No. 730/416, 732/416/1, Civil Station Delhi.
It is brought to the notice of all affected persons/concerned persons that the possession of land notified U/S 6 of the L.A. Act vide Notification No. F.15(60)/63-LSG/LandH/ dated 19.11.1966 and awarded vide Award No. 2088-A of village Civil Station Delhi is likely to be taken shortly.
Hence all concerned are required to vacate the premises within a period of one week so that peaceful possession of land as above can be handed over to the official of the Public Work Deptt.
Sd/- V.K. GUPTA
LAC/ADM (NORTH)”
A reading of the impugned notice makes it clear that it pertains to the taking possession in respect of land already acquired in Khasra No. 730/416 and Khasra No. 732/416/1, Civil Station, Delhi. The said lands were acquired pursuant to a Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act), 1894 issued on 8.11.1963 which was in respect of 9 Bighas and 11 Biswas of the land in Khasra No. 730/416 and Khasra No. 732/416/1 situated in Village Civil Station, Delhi. The acquisition was for the purposes of construction of staff quarters etc. A declaration under Section 6 of the said Act was issued on 19.11.1966. Thereafter, claims were filed and the Award No. 2088A (Supplementary) was passed in respect of the Subject matter of the present writ petition on 19.9.1986. Upon going through the Award it is clear that the same was in respect of 8 Bighas 1 Biswas of land in Khasra No. 730/416 and 1 Bigha 10 Biswas in Khasra No. 732/416/1 totalling 9 Bighas and 11 Bisas of land.
4. It is the case of the petitioners that they are not opposed to the taking over of possession in respect of the lands covered under the said Award and that they are not in occupation of any land covered there under. They are aggrieved by the fact that although their houses do not fall within the acquired land, they have been issued notices under Section 16 for handing over peaceful possession to the officials of the public department.
5. It is abundantly clear that the land that was acquired and in respect of which the Award No. 2088-A was made, pertains to Khasra Nos. 730/416 and 730/416/1. This is also apparent from the entries in the Field Book dated 21.1.1986. The notice also pertains only to land comprised in Khasra No. 730/416 and 732/416/1. At the same time, it is the specific case of the petitioners that their houses do not fall within the land comprised in the aforesaid Khasra Nos. i.e. Khasra No. 730/416 or 732/416/1. This is clear from the copy of the letter (Annexure P-7) which was written by some of the petitioners to the Land Acquisition Collector in respect of the impugned notice. It is specifically stated in the letter as follows:-
“But Sir, it is submitted that our houses do not fall on the acquired land i.e. Khasra No. 730/416 or 732/416/1, of Civil Station Delhi.”
Accordingly, they requested that the notices be withdrawn as their houses did not fall within the acquired land.
6. Ms Luthra, the learned counsel for the Respondents made a categorical statement that they would not take possession of any land not covered under the award and not forming part of Khasra No. 730/416 or Khasra No. 732/416/1 Civil Station, Delhi. This being the case, the grievance of the petitioners no longer survives. Because it is their case that they do not have any objection to possession being taken of the lands which form part of the Award No. 2088 A (Supplementary). And, also because they have stated that their houses do not fall within Khasra No. 730/416 or 732/416/1. Therefore, no further directions are necessary on this score.
7. The learned counsel for the petitioners, however, placed reliance on a Division Bench judgment of this Court reported as Wazirpur Bartan Nirmata Sangh v. Union of India and Ors.: 103 (2003) Delhi Law Times 654 (DB) to show that if they are to be displaced then they ought to be rehabilitated. We do not see how this decision or the submission for rehabilitation is relevant in the present writ petition inasmuch as no such prayer has been made in the writ petition. Furthermore, in view of the factual position and the categorical statement made by the petitioners that their houses are not situated in Khasra Nos. 730/416 and 732/416/1, this issue does not arise at all.
8. The writ petition, accordingly, stands disposed of.