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, 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 : 06/03/2026

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS.

JUSTICE SUNITA AGARWAL)

1. The challenge to the acquisition notification dated 10.09.2025 published under Section 20E of the Railways Act, 1989 (hereinafter referred to as ‘the Act’ 1989’), in the Gazette of India No.3994 is on the ground that the declaration notification has been published even prior to the expiry of mandatory period of 30 days granted under Section 20D of the Act’ 1989 to the land holders / persons interested for raising their objections to the acquisition of land for the purposes mentioned in the sub-section (1) of Section 20A of the Act’ 1989.

2. It is sought to be demonstrated before us that the gazette notification of Section 20A notification under the Act’ 1989 had been published on 14.08.2025 and paper publication is dated 21.08.2025.

3. By reading Section 20D of the Act’ 1989 it is submitted by Mr. Aaditya D. Bhatt, learned advocate appearing for the petitioners that the land holders / persons interested in the land proposed to be acquired have invaluable right to raise objection to the acquisition within a period of 30 days from the date of publication of the notification under sub-section (1) of Section 20A. Sub-Section (2) of Section 20D of the Act’ 1989 requires the competent authority to give opportunity of hearing to each objector, either in person or by a legal practitioner. Only after hearing of all such objections and making such further inquiry, as a competent authority thinks necessary, an order is / are required to passed either allowing or disallowing the objections. Sub-Section (3) of Section 20D of the Act’ 1989 attaches finality to the order passed by the competent authority under sub-section (2) of that Section. Section 20E(1) of the Act’ 1989 further provides that where no objections under sub-section (1) of Section 20D has been made before the competent authority within the period specified therein or where the objections filed before the competent authority under sub-section (1) has been disallowed, a report is required to be submitted to the Central Government by the competent authority, and on such report, the Central Government shall be in a position to declare the notification for acquisition of the proposed land for the purposes mentioned in sub-section (1) of Section 20A of the Act’ 1989. It is, thus, submitted by learned Counsel for the petitioner that without conducting the whole exercise of giving 30 days’ time to the land holders to file objections, the decision of the competent authority on such objection filed before it; the preparation of the report by the competent authority and submission of the same to the Central Government, there was no question of publication of declaration notification under Section 20E(1) of the Act’ 1989. 4. On these submissions, Ms. Archana U. Amin, learned advocate appearing for the respondent – Railways, upon instructions, though would submit that the acquisition notification dated 10.09.2025 under Section 20A of the Act’ 1989 was published in furtherance of the proposal notification dated 24.12.2024, published under Section 20A of the Act’ 1989, but could not give any clarity as to how the land proposed to be acquired under the notification dated 14.08.2025 under Section 20A of the Act’ 1989 could have been inclu