Hon’ble Ashok Bhushan, J.—The petitioner by this writ petition, has prayed for quashing the entire proceedings for acquisition of land initiated by notification dated 10th February, 2009 published in the Gazette of India in exercise of power under Section 20A(1) of the Railways Act, 1989 (hereinafter referred to as the Railways Act).

2. We have heard Sri Ashish Agrawal, learned counsel for the petitioner, Sri S.P. Gupta, learned Advocate General for respondent Nos. 1, 2 and 3 and Sri Govind Saran appearing for respondent Nos. 1 and 4.

3. Brief facts of the case as emerge from pleadings of the parties are; the petitioner is purchaser of Plot No. 270/2 by sale-deed dated 11th April, 2008. A notification dated 10th February, 2009 under Section 20A(1) of the Railways Act, as amended by the Railways (Amendment) Act, 2008, was published in the Gazette of India notifying its intention to acquire the land situate in district Aligarh for carrying out special railway project, namely, Eastern Dedicated Freight Corridor. Plot No. 270 was also included in the notification. The substance of notification was also published in local newspaper “Amar Ujala” dated 6th March, 2009. The declaration of acquisition as contemplated by Section 20E of the Railways Act was issued by gazette notification dated 15th February, 2010 published in the gazette of India Extra Ordinary dated 18th February, 2010. The substance of notification dated 15th February, 2010 was also published in the newspapers on 4th March, 2010. The petitioner claimed to have filed objection on 26th March, 2010. The award was passed by the Special Land Acquisition Officer on 19th January, 2011. The petitioner, after coming to know about the award, made an application to the Special Land Acquisition Officer requesting that Plot No. 270/2 should not be acquired and an application to above effect was submitted by the petitioner on 16th March, 2012. The petitioner was communicated by letter dated 23rd March, 2012 that objection raised by the petitioner after 29th February, 2010 cannot be accepted since the land acquisition was proposed keeping in view the alignment of railway track after considering all technical aspects, hence the land of the petitioner cannot be exempted from acquisition. The petitioner has come up in this writ petition challenging the entire acquisition proceedings as well as the order dated 23rd March, 2012.

4. Sri Ashish Agrawal, learned counsel for the petitioner, challenging the entire acquisition proceedings, has submitted that notification under Section 20A(1) of the Railways Act having been published on 10th February, 2009 and declaration under Section 20E(1) having not been published within one year from 10th February, 2009, the entire acquisition has lapsed and ceased to have any effect by virtue provisions of Section 20E(3) of the Railways Act. He submits that the relevant date for reckoning one year period for publication of declaration under Section 20E(1) is the date when notification under Section 20A(1) was published i.e. 10th February, 2009 and the declaration having been published on 15th/18th February, 2010, the notification dated 10th February, 2010 shall cease to have any effect and the entire acquisition proceedings deserve to be set-aside on this ground alone. He further submits that the date of publication of substance of notification in local newspapers as contemplated under Section 20S(4) of the Railways Act is not relevant for reckoning the period of one year. He further submits that requirement of publication of substance of the notification under Section 20A(4) is only procedural requirement and non compliance of the same may have different consequences but the said publication is not relevant for reckoning the period of one year. He has placed reliance on a judgment of the Apex Court in the case of Dedicated Freight Corridor Corporation of India v. Subodh Singh and others, 2011(11) SCC 100.

5. Sri S.P. Gupta, learned Advocate Genera