Harish Tandon, J. - (1.) THE preliminary objection is raised by the Metro Railway authorities that after the declaration duly notified under Section 10(1) of the Metro Railways (Construction of Works) Act, 1978, the writ petition has become infructuous and no relief can be granted to the petitioners.
(2.) SECTION 6 of the said Act provides where it appears to the Metro Railway administration that for the construction of any metro railway or any other work connected therewith if any land, building, street, road or passage or any right of user or any right in the nature of easement therein, is required for such construction, it shall apply to the Central Government in such form as may be prescribed for acquiring such land, building, street, road or passage or such right of user or easement. Pursuant to the said provision the land owned by the petitioners was decided to be acquired and a notification under Section 7 was published in the Official Gazette declaring such intention.
(3.) SECTION 9 of the Act gives right to any person interested in the land, building, street, road or passage to file objection within 21 days from the date of publication of the said notification before the competent authority. The competent authority is mandated by Sub -section 2 of Section 9 of the Act either to allow or disallow the objection after giving an opportunity of hearing either in person or by a legal practitioner. In course of the decision the competent authority may also make such further enquiry as it thinks necessary and any order passed by the competent authority shall be final and binding on the parties.;