IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 629 of 2026 ==========================================================

GOPAL R AGRAWAL & ORS.

Versus UNION OF INDIA & ORS.

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Appearance:

AADITYA D BHATT(8580) for the Petitioner(s) No. 1,2,3,4,5,6,6.1,7,7.1 CHANDNI S JOSHI(9490) for the Petitioner(s) No. 1,2,3,4,5,6,6.1,7,7.1 MS HETAL PATEL, AGP GOVERNMENT PLEADER for the Respondent(s)

No.2,4 MR PRADIP D BHATE(1523) for the Respondent(s) No. 3 MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS.

JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 23/03/2026

ORAL ORDER

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

1. During the course of arguments, it transpired that Section-20E(1) notification dated 10.09.2025 had been published in furtherance of the notification dated 20.02.2025 under Section-20A of the Railways Act, 1989, published in the Gazette of India, Extra Ordinary declaring the decision of the Central Government to acquire the land specified in the Schedule annexed to the said notification.

2. A further perusal of Paragraph–‘2’ of the said notification at Page–‘31’ of the paper-book indicates that the substance of the notification dated 20.02.2025 was published in the daily newspapers namely “Kutch Mitra” (Gujarat), “Times of India” (English) and “Young Leader” (Hindi), dated 21.08.2025 as per Sub-section (4) of Section-20A of the Railways Act.

3. The question is as to how the objections under Section- 20D were received and when decided by the competent authority before publication of the notification dated 10.09.2025, in furtherance of the notification dated 20.02.2025 in the Official Gazette. A conjoint reading of Section-20D(1) of the Railways Act, 1989 and Sections-20A(1) and (4) of the Railways Act, 1989 further transpires that “the date of publication of the notification under Sub-section (1) of Section 20A” shall be the date of commencement of period of 30 days, within which any person interested in the land may file his objections. Sub-section (2) of Section-20D further requires the competent authority to grant an opportunity of hearing to the objectors on the objections filed, if any, and after providing due opportunity, take a decision to allow or disallow the objections. This process, as per our tentative opinion, cannot be completed within the time period between publication in the newspapers under Section-20A(4) and Section-20E notification as noted herein above. The reason being that the publication of the notification under Sub- section-(1) of Section-20A, in the Official Gazette is required to be in the local newspapers, atleast, in two languages one being the local language i.e. vernacular. Unless and until the substance of the notification under Section-20A(1) are published in the local newspapers as required under Sub- section (4) of Section-20A, the person interested or the landowners cannot be said to have due information/intimation of the acquisition notification under Section-20A(1).

4. As noted herein above, the publication in the newspapers, as mentioned in the notification dated 10.09.2025 (at Page–‘31’ of the paper-book), is dated 21.08.2025. The period of 30 days as prescribed under Section-20D(1), would, therefore, run or commence from the date of publication in the newspapers, i.e.21.08.2025 and cannot be over by the publication of the aforesaid notification under Section-20E(1).

5. Ms. Archana Amin, learned advocate appearing for the respondent – Railways would rely on the content of a short affidavit dated 11.03.2026 filed on behalf of the respondent no.3, a copy whereof has been served upon the learned advocate for the petitioner. It is sought to be stated therein that the notification under Section-20A of the Railways Act, 1989 was published in the Official Gazette on 24.12.2024. Another not