IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR.JUSTICE D.N.RAY
GOPAL R AGRAWALV/sUNION OF INDIA
R/SCA/629/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 629 of 2026 With CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2026 In R/SPECIAL CIVIL APPLICATION NO. 629 of 2026 ================================================================
GOPAL R AGRAWAL & ORS.
Versus UNION OF INDIA & ORS.
================================================================
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 MR. SANJAY UDHWANI, ASSISTANT 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 : 20/04/2026
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Pursuant to the order dated 23.03.2026 passed by us, wherein anomalies in the notification dated 10.09.2025 published under Section 20 E of the Railways Act, 1989 (“the Act, 1989”) was noted, Ms. Archana U. Amin, learned advocate appearing for the respondent – Railways would submit that the date “20.02.2025” mentioned in the first paragraph of the notification dated 10.09.2025, as the date of notification under Section 20A of the Act, 1989, is a typographical error.
2. Inviting attention of the Court to the affidavit dated 07.04.2026 and the oral instructions received by the learned advocate, it is submitted that for acquisition of 12 different survey numbers of Village : Mithi Rohar (including the lands of the petitioners), acquisition notification dated 24.12.2024 was published under Section 20A of the Act, 1989, whereby a total of 79,323 sq. mtrs. of land was acquired. A joint measurement survey of the land in question, thereafter, was carried out under Section 20B of the Act, 1989, wherein it was found that additional lands of the already notified survey numbers in the preliminary notification dated 24.12.2024, are required for construction of road over the bridge, service roads and drainage system etc. Noticing the requirement of additional land, another preliminary notification dated 14.08.2025 under Section 20A of the Act, 1989 was published.
3. In the meantime, the objections of the landholders were received pursuant to the preliminary notification dated 24.12.2024 and after providing opportunity of hearing to all the objectors, a report dated 04.09.2025 was submitted before the Central Government.
4. It seems that an error has occurred on account of the statement in the report dated 04.09.2025 of the competent authority, wherein the competent authority had mentioned the combined area of two notifications dated 24.12.2024 and
14.08.2025.
5. The declaration notification dated 10.09.2025 published under Section 20E of the Act, 1989, thus, clubbed lands of two preliminary notifications, though objections pertaining to the lands proposed to be acquired under the notification dated 24.12.2024 were received and heard only.
6. It is, thus, submitted that for the preliminary notification for acquisition of additional land of total 9 surveys published under Section 20A of the Act, 1989 on 14.08.2025, admittedly, time for filing objections of the landholders was not given in accordance with the provisions of Section 20 D of the Act, 1989.
7. It is, thus, submitted that the mistake that has occurred in the process of publication of the declaration notification dated 10.09.2025 under Section 20 E of the Act, 1989, can be corrected by publication of a corrigendum to the said notification, wherein the correction would be made of the date of publication of the notification under Section 20A of the Act, 1989 being 24.12.2024 in place of “20.02.2025”.
8. Further by corrigendum, the area of the additional land comprising of 9 survey numbers, subject matter of preliminary notification dated 14.08.2025 from th
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