JUDGMENT :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“It is, therefore, respectfully prayed that record of the case may kindly be called for and by an appropriate writ, order or direction:-

i. the impugned award dated 25.07.2022, passed by the learned Competent Authority-cum-Sub Divisional Officer, Bhupalsagar, District Chittorgarh in Case No.01/2022/685 (An.1) and the consequential letter dated 25.07.2022 (An.2) issued by the Competent Authority to the Sr. Divisional Engineer, North-Western Railway, Ajmer and the letter dt. 13.12.2022 (An.12) may kindly be quashed and set aside and the entire so called land acquisition proceedings initiated by the respondents may kindly be declared void ab initio and the respondents may be restrained from taking over possession of the land in question i.e. 0.06 hectare of land out of Khasra No.1511 of village Kankarwa, Tehsil Bhupalsagar, District Chittorgarh;

ii. during the pendency of the writ petition the effect and operation of the impugned award and letter dated 25.07.2022 (An.1 & An.2) may kindly be stayed;

iii. any other appropriate order/relief as may be deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner.

v. the writ petition filed by the petitioner may kindly be allowed throughout with exemplary costs and compensation, for initiating absolutely illegal land acquisition proceedings – in the absence of a notified special railway project – to harass and humiliate the petitioner, may also be awarded to the petitioner in the tune of Rs.50,000/-”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner is a lawful khatedar of the land comprising Khasra No. 1511, situated at Village, Kankarwa, Tehsil Bhupalsagar, District Chittorgarh admeasuring 1.39 hectare. The Ministry of Railways (Railway Board), New Delhi issued a notification in December 2021 seeking to acquire the land admeasuring 0.06 hectare of the land in question for execution of the Special Railway Project (Bridge on level Crossing No.139), Bhupalsagar-Fatehnagar.

2.1. The Senior Divisional Engineer (South), North Western Railways, Ajmer issued a letter dated 18.09.2021, wherein it was stated that the respondent no.3-Sub-Divisional Officer has been appointed as Land Acquisition Officer for the land acquisition proceedings in question.

2.2. Thereafter the respondent no.3 addressed a letter dated 28.03.2022 to the Senior Divisional Engineer, North Western Railways, Ajmer, wherein it was stated that in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘Act of 2013’), the notifications have to be published in two local newspapers. In the meantime, the petitioner had already filed a revenue suit under Section 188 of the Rajasthan Tenancy Act, 1955 before the Sub-Divisional Officer, Chittorgarh in the year 2018.

2.3. The Competent Authority-cum-Sub Divisional Officer vide order dated 25.07.2022 in Case No. 01/2022 (Railway Ministry Vs. Smt. Vandana), granted compensation to the tune of Rs.1,69,290/- to the petitioner in lieu of the acquisition in question. Thereafter, the Competent Authority wrote a letter to the Senior Divisional Engineer (South), North-Western Railways, Ajmer for making the necessary payments and taking over the possession of the land in question from the petitioner.

2.4. The petitioner received communication dated 13.12.2022 from the Land Acquisition Officer for collecting the compensation of Rs. 1,69,290/- in lieu of the acquisition in question.

2.5. Feeling aggrieved by the impugned order dated 25.07.2022, letter dated 25.07.2022 passed by the Competent Authority-cum-Sub Divisional Officer and the letter dated 13.12.2022, on the gr