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2018 Supreme(Raj) 409

SANJEEV PRAKASH SHARMA
Veena Phalke Wife of Shri Vijay Singh Chauhan – Appellant
Versus
Dedicated Freight Corridor Corporation of India Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Anand Sharma
For the Respondents: Mr. Kamlakar Sharma, Mr. P.C. Sharma

ORDER :

1. The petitioners by way of this writ petition have challenged the notice directing for dispossession.

2. This Court vide order dated 11.4.2018 had restrained the railway authorities from making demolition with regard to the residential houses of the petitioners and allow the petitioners to reside in their house.

3. The reply has been filed by the railways and a preliminary objection has been raised. It is submitted that the benefit which the petitioners are claiming with regard to the rehabilitation is part of compensation for which the petitioners have an alternative efficacious remedy under Section 20F(6) of the Railways Act, 1989. It is also stated that the petitioners have approached the Arbitrator by filing applications relating to the monetary compensation. Once such an application has been moved, the Arbitrator can also examine the matter relating to rehabilitation aspect.

4. On merits, respondents have submitted that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as the ‘Ac


























































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