The court emphasized the requirement for public authorities to independently consider objections in land acquisition, ensuring adherence to procedural fairness as mandated by law.

BHASKAR BHATTACHARYA

and

HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 22/02/2013

CAV JUDGEMNT

(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1.

By way of this petition, under Article 226 of the

Constitution of India, in the nature of a Public

Interest Litigation, the petitioner no.1, a voluntary

organization constituted by farmers affected by

acquisition of land for the purpose of Dedicated freight

Corridor Railway has redressed serious grievances as

regards the manner, the mode and the method adopted by

the authorities in so far as the proceedings of

acquisition under the Railways Act , 1989, is concerned.

2.

The case made out by the petitioners in this

petition may be summarized as under:-

2.1

The ministry of railway pursuant to the

announcement to establish eastern and western

Dedicated freight Corridors linking the four

metropolitan cities of Delhi, Mumbai, Chennai and

Howra commonly known as Golden Quadrilateral in two

diagonals initiated action to establish the Dedicated

freight Corridors (for short “DFC”) and for the

purpose of construction, operation and maintenance of

DFC established the Dedicated freight Corridors

Corporation of India Limited (For Short “DFCCIl”).

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2.2

The Central Government with a view to acquire

the land for this special project introduced an

amendment in the Railway Act,1989, by enacting the

Railways (Amendment) Act, 2008, by which the special

procedure came to be incorporated for the acquisition

of the land by inserting Section 20(A) to 20(P) in

the Railways Act . The amendment Act has come into

force with effect from 31.01.2008.

2.3

Initially by issuing different notifications

under Section 20(A) of the Railways Act , the

intention to acquire various parcels of agriculture

land was declared and accordingly, the objections

were invited against the acquisition. According to

the original proposal, the DFC railway track was

proposed to be laid down on an independent route and

far away from the existing Ahmedabad-Delhi Railway

Line as a result of which various parcels of

agriculture lands were required to be acquired.

2.4

It is the case of the petitioners that

notifications dated 10.02.2009, 13.02.2009 and

05.03.2009 were issued for acquisition of various

parcels of land at Kalol, Kadi, Mesana and few other

places situated in the Sanand Taluka. Not only

notifications under Sections 20(A) of the Railways

Act were issued but, thereafter, final notifications

under Section 20(A) of the Railways Act dated

05.02.2010, 06.02.2010, 26.02.2010 and 05.03.2010

were also issued.

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2.5

According to the petitioners, lands, which are

proposed to be now acquired for which the present

petition has been filed were not covered in the

earlier notifications referred to above.

2.6

Pursuant to the notifications, which were

issued way back in the Year-2010, referred to above,

objections were raised by number of farmers and the

whole issue had become political in nature, as a

result of which a policy decision was taken by the

Ministry of Railway to construct DFC line parallel to

the existing Ahmedabad-Delhi Railway Line.

2.7

According to the petitioners, based on their

information, it was proposed and decided to lay-down

DFC l