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2025 Supreme(Online)(Raj) 11310

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE SUNIL BENIWAL, JJ
UNION OF INDIA – Appellant
Versus
JAMNADAS SANADHYA – Respondent


Advocates:
Mr. R.D. Rastogi, Sr. Adv. & Additional Solicitor General assisted by Mr. Devesh Yadav (through VC), Mr. B.P. Bohra & Mr. Vaibhav Bhansali. For Respondent(s): Mr. Vinit Sanadhya with Mr. Rajesh Parihar.

Order

30/05/2025

1. This Court finds that the issue involved herein pertains to a railway project of national importance connecting Nathdwara, District Rajsamand with the existing railway network.

2. Mr. R.D. Rastogi, learned Additional Solicitor General & Senior Advocate assisted by Mr. B.P. Bohra, Mr. Devesh Yadav & Mr. Vaibhav Bhansali, representing the appellants submit that an interim order was passed by this Hon’ble Court on 04.07.2024 regarding violation of Section 20D of the Railways Act, 1989 (for short ‘the Act of 1989), whereas 96% of the project land has already been acquired with compensation awarded to the landowners and only 4% of the project land remains to be acquired due to the interim order dated 04.07.2024.

2.1 Learned Solicitor General has relied upon the precedent law laid down by the Hon’ble Apex Court in the case of N.G. Projects Ltd. v. Vinod Kumar Jain : (2022) 6 SCC 127 , the relevant portion whereof is reproduced hereunder:

“14. In National High Speed Rail Corpn. Ltd. v. Montecarlo Ltd.7, this Court sounded a word of caution while entertaining the writ petition and/or granting stay which ultimately may delay the execution of the Mega projects. It was held a

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