R.V.RAVEENDRAN, A.K.PATNAIK
Dedicated Freight Corridor Corporation of India – Appellant
Versus
Subodh Singh – Respondent
JUDGMENT
R.V.Raveendran, J. —
Leave granted.
2. The first respondent was the owner of lands bearing Gata Nos.106, 118, 119, 123, 126 and 145 in village Kakrahi, District Auraiya, Uttar Pradesh. The said lands, among others, were acquired for a special railway project, that is, the Dedicated Freight Corridor at Kanpur (Rural), Auraiya and Etava Districts. The acquisition was under chapter IVA of the Railways Act, 1989 (‘Act’ for short) which dealt with land acquisitions for special railway projects. A notification dated 10.6.2008 (gazetted on 10.6.2008) under section 20A(1) of the Act was published by the Central Government declaring its intention to acquire lands in question for execution of a special railway project. This was followed by a declaration dated 12.12.2008 (gazetted on 16.12.2008) under section 20E(1) of the Act declaring that the lands mentioned therein should be acquired for the purpose mentioned in the notification under section 20A(1) of the Act. On such declaration, the land vested absolutely in the Central Government free from encumbrances, in view of the vesting provision in section 20E(2) of the Act. A public notice referring to the notifications dated 10.6.200
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