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2016 Supreme(Guj) 663

AKIL ABDUL HAMID KURESHI, ALPESH Y.KOGJE
Hansaben Prafulbhai Desai – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Saurabh G. Amin, Advocate.
For the Respondents:Archana U. Amin, Advocate.

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. The petitioner has challenged an award dated 6.8.2011 as at Annexure-E to the petition in the following factual background.

2. The petitioner along with her husband claims to be the absolute owner of tenement Nos. 28 and 29 situated in Anavil Mohalla, forming part of Gamtal of village Billimora which is constructed on land admeasuring 205.11 sq. mtrs. The petitioner is residing there with her family since many years. The Railway authorities required such land for construction of dedicated freight corridor. The competent authority therefore, issued notification dated 9.1.2009 under section 20A of the Railways Act, 1989 ("the Act" for short) which included several lands of village Billimora which were to be acquired for the said project. According to the petitioner, neither the land nor her house were part of such notification. The Railway authorities followed such notification by another notification dated 5.2.2010 under section 20E of the Act declaring that the lands so notified shall vest absolutely in the Central Government free from all encumbrances. Once again, case of the petitioner is that her land was not part of this notification also




























































































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