Ministry : Ministry of Rural Development (Department of Rural Development)

Part II-Section 3-Sub-Section (i)

Subject : Extra Ordinary

Analysis of the Gazette Notification (GIDH 33004/99, Extraordinary, Part II—Section 3(ii))

• Type of Document: This is an Extraordinary Gazette of India, published under Section 3(2) of the Gazette of India Act, 1912. This section is specifically used for publishing Land Acquisition Notifications.
• Issuing Authority: The notification is issued by the Central Government, acting through the Ministry of Railways (North Eastern Railway – Construction Organisation).
• Purpose & Declaration: The primary purpose is to declare the intention to acquire specific land parcels for the execution, maintenance, management, and operation of a "Special Railway Project." The project is identified as the "3rd Line between Barabanki-Burhwal (Km. 26.99)" in the District of Barabanki, Uttar Pradesh.
• Key Legal Provisions Invoked:
  • Sub-section (1) of Section 20A of the Railways Act, 1989: Empowers the Central Government to declare land acquisition for railway projects.
  • Sub-section (4) of Section 20A: Mandates publication in a newspaper and an official gazette.
  • Sub-section (20E) of Section 20A: Governs the procedure after objections are received and a report is submitted by the Competent Authority/Special Land Acquisition Officer.
• Core Action: The Central Government, having received the Competent Authority's report and resolved all objections, declares the acquisition of the lands listed in the Schedule. Crucially, it also declares that upon publication of this notification, the listed lands "shall vest absolutely in the Central Government free from all encumbrances." This means ownership transfers immediately, and existing rights, claims, or liabilities on the land are extinguished.
• Scope of Acquisition: The acquisition covers land (with or without structures) across 12 villages in the Tehsils of Ramnagar and Nawabganj within the District of Barabanki, Uttar Pradesh. The Schedule provides a detailed breakdown for each plot, including:
  • Survey Number
  • Total Area and Affected Area (in Sq.m.)
  • Type of Land (e.g., Private Agricultural, Government, Canal, Drain, Pond, Road, etc.)
  • Nature of Land (e.g., Agricultural, barren, etc.)
  • Name of the Account Holder(s) (current owner(s))
• Scale: The Schedule lists over 100 distinct land parcels, indicating a significant infrastructure project affecting a large area of agricultural and other land.

Summary:

This Gazette Notification is a formal, legally binding Land Acquisition Order for the Indian Railways' "3rd Line" project in Barabanki, Uttar Pradesh. It exercises the Central Government's power to compulsorily acquire over 100 plots of land across 12 villages. The order not only transfers immediate, absolute ownership of the listed lands to the government but also extinguishes all prior encumbrances, marking the final legal step in securing the land for the railway project's construction, maintenance, and operation. The publication serves to inform the public and affected account holders of the definitive legal change in land ownership.