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NON­REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.513 OF 2016       (Arising out of SLP(C)No.2263/2015 @ SLP..CC 1098/2016)

     LAL CHAND LOHIA & ANR.      ...  APPELLANT(S)  

               VS.

     STATE OF HARYANA & ORS.         ...  RESPONDENT(S)

   J U D G M E N T

ANIL R.  DAVE, J.

1. Leave granted.

2. Heard the learned counsel for the appellants.  In the

facts  of the  case, we  do not  consider it  necessary to

issue notice and proceed to pass ex­parte order, with

liberty to the State to move this Court, if considered

necessary.

3. A big chunk of land was sought to be acquired.  One

part of the said land belongs to the appellants herein.

4. It has been submitted by the learned counsel

appearing on behalf of the appellants that the said land

is to be used for the purpose of establishment of a

Medical College, though, in the Notification issued under

Section 4 of the Land Acquisition Act, 1894 it was stated

that  the land  was to  be acquired  for Delhi  Metro Rail

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Corporation Project.

5. It has also been submitted that having regard to the

size of the land which is only around 1000 sq. yards, no

medical college can be established.   The appellants were

given small plots for rehabilitation and since this aspect

does not appear to have been gone into by the High Court,

we set aside the impugned order  and remit the matter to

the High Court.   The civil writ petition is restored to

its original number.  The High Court shall re­examine the

petition and take a decision afresh.

6. The appeal is disposed of as allowed with no order as

to costs.   Pending application, if any, stands disposed

of.   It is made clear that we have not expressed any

opinion on merits.

       ..............J.

[ANIL R. DAVE]

..............J. [ADARSH KUMAR GOEL]

New Delhi; 22nd January, 2016.

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