IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16174 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 16175 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 16074 of 2024 ==========================================================

ILA KIRIT SHELAT & ORS.

Versus UNION OF INDIA & ORS.

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Appearance:

MR. MIHIR JOSHI, SR. ADV. WITH MR. RUTUL DESAI for the Petitioner(s)

No. 1,2,3 GOVERNMENT PLEADER for the Respondent(s) No. 2 MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1,3 Appearance ( in SCA No. 16175 of 2024):

ME. MIHIR JOSHI, SR. ADV. WITH MR. SHALIN MEHTA, SR. ADV. ADITYA R PARIKH(8769) for the Petitioner(s) No. 1 GOVERNMENT PLEADER for the Respondent(s) No. 2 MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1,3 Appearance ( in SCA No. 16074 of 2024):

MR. MIHIR JOSHI, SR. ADV. WITH MR. SHALIN MEHTA, SR. ADV. WITH ADITYA R PARIKH(8769) for the Petitioner(s) No. 1,2 GOVERNMENT PLEADER for the Respondent(s) No. 2 MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1,3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 29/11/2024

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Learned counsel for the petitioners prays and is granted permission to make correction in the prayer clause in the writ petitions during the course of the day to make proper prayers.

2. By means of the abovenoted three writ petitions, the petitioners are challenging the validity of the acquisition notifications dated 11.10.2023 and 12.10.2023 under Section 20A of the Railways Act, 1989 and the declaration notifications under Section 20E dated 08.10.2024 and 09.10.2024. The challenge is also to the validity of the Notification dated 02.02.2023 issued under Section 2(37A) of the Railways Act, 1989. The three writ petitions have been tagged and heard together as they are on common questions of law and facts.

3. Challenging the acquisition proceedings drawn by the Railways with the notifications issued by the Ministry of Railways (Western Railways)(Construction Organisation), noted hereinbefore, it was submitted by Mr. Mihir Joshi, the learned senior advocate for the petitioners in one of the writ petitions that the proceedings for acquisition under the Railways Act can be invoked in a case where the Central Government is satisfied that any land is required for the public purpose, which should be for execution of a Special Railway Project. Before issuance of the proposal under Section 20A declaring the intention of the Central Government to acquire any land, there is a necessity of making a declaration by means of the notification as per Section 2(37A) by the Central Government that the project-in-question is a Special Railway Project, which fulfills the condition of being a project for providing national infrastructure for a public purpose and is to be executed in a specified time-frame.

4. The further submission is that on the publication of the proposal for acquisition under Section 20A, the petitioners herein filed their objections on 31.10.2023, raising specific queries, pertinent amongst which are asking to provide relevant documents of the proposal for considering the project-in-question as a Special Railway Project within the meaning of Section 2(37A) of the Railways Act; the feasibility report, if any, in relation to the proposal in question; the survey report, if any, undertaken; the report regarding consultation with the land owners who would be affected by the acquisition. Inviting attention of the Court to the response of the Railways to the said queries raised by the petitioners, the learned senior advocate appearing for the petitioners has taken us through page No. ‘190’ of the paper book, the reply to the representation dated 29.11.2023 filed by some of the petitioners therein.

5. Giving parawise remarks to the objections raised by the