COMMON ORDER:

Heard learned counsel appearing for the parties.

2. These two writ petitions are filed questioning the preliminary notification dated 19.06.2019 issued vide proceedings Rc.No.C/243/2018 and published in District Gazette No.B3/32/2019, dated 19.06.2019, pertaining to the acquisition of the house properties of the petitioners situated at Thirlapuram Gram Panchayat, H/o. Ramanujavaram Village, Manuguru Mandal, Bhadradri Kothagudem District, for the purpose of laying new Railway Line from Manuguru Railway Station to respondent No.11-Bhadradri Thermal Power Station, as violative of the provisions of the Railways Act, 1989 and not in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act, 2013’).

3. The only contention raised by learned counsel for the petitioners is that in terms of Section 105 of the Act, 2013, the provisions of the Act, 2013 shall not apply to the enactments relating to the land acquisition specified in IV Schedule of the Act, 2013 and the Railways Act, 1989 is one of the enactment mentioned in IV Schedule of the Act, 2013. It is further contended that in terms of Chapter IV-A of the Railways Act, 1989, the acquisition for the purpose of Special Railway Project is dealt with in Section 20-P of the Railways Act, 1989 and as such the provisions of the Act, 2013 have no application to the acquisition in question. But, the respondents have erroneously invoked the provisions of the Act, 2013. Chapter IV-A of the Railways Act, 1989 deals with the ‘Land Acquisition For A Special Railway Project’ and Section 20-A of the Railways Act, 1989 reads as under:

“20-A. Power to acquire land, etc. – (1) Where the Central Government is satisfied that for a public purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land.

(2) Every notification under sub-section (1), shall give a brief description of the land and of the special railway project for which the land is intended to be acquired.

(3) The State Government or the Union territory, as the case may be, shall for the purposes of this section, provide the details of the land records to the competent authority, whenever required.

(4) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which shall be in a vernacular language.”

4. In response to a query posed by this Court, learned counsel for the petitioners submitted that the project in question for which the land is sought to be acquired by the impugned notification is not notified as a special railway project. Once it is admitted that the subject land, which is sought to be acquired, is not for project which is notified as a Special Railway Project within the meaning of Chapter IV-A of the Railways Act, 1989 read with definition of the Special Railway Project as defined under Section 2 (37-A) of the Railways Act, 1989, the question of application of the provisions contained in Chapter IV-A of the Railways Act, 1989 does not arise. According to learned counsel for the petitioners, except the provisions contained in Chapter IV-A of the Railways Act, 1989, there are no other provisions dealing with land acquisition in the Railways Act, 1989.

5. In the light of the above, the contention of learned counsel for the petitioners that the provisions of the Act, 2013 have no application to the lands being acquired by the respondents and therefore the impugned notification is totally unsustainable.

6. In the light of the above, both the writ petitions are dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed.

_________________________________ MUMMINENI SUDHEER KUMAR, J Date:20.09.2023 KH THE HON’BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION Nos.26077 AND 26087 of 2023 Date:20.09.2023 KH