RAILWAY CORRIDOR VIRODH KISHAN SANGH - THROUGH PRESIDENT vs UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
For the Appellants/Petitioners: MR VIKRAM J THAKOR
For the Respondents: GOVERNMENT PLEADER, MR PS CHAMPANERI, MR RAVI KARNAVAT

Table of Content
1. acquisition process for land under railways act (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. public interest litigation and its maintainability (Para 11 , 12 , 20)
3. requirement for independent hearing on objections (Para 18 , 27 , 28)
4. importance of considering objections raised in land acquisition (Para 32 , 40)
5. judicial directive for reconsideration of objections (Para 45 , 46)

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