TAKHIBEN CHHOTALAL SOLANKI Vs. EXECUTIVE DIRECTOR

JUDGEMENT

(1.) Between two metropolises Dehli and Mumbai, the project of Computerized Multi Model High Axle Load Dedicated Freight Corridor is going to implement by Ministry of Railways.

(2.) The land in the Village: Jagudan, District: Mehsana was required for execution, maintenance, management and operation of the said project. The petitioners are the residents of the Village Jagudan as averred by them since many decades. They have electricity connections in their names and their houses are also registered in the Tax Register of Jagudan Gram Panchayat as averred in the petition. Their houses, according to them, have been acquired for this project and no compensation has been given to them.

(3.) The main grievance on the part of the petitioners is that the reply given by the authority in a recent past on 31.12.2019 is indicative of the fact that exercise of powers conferred by Clause 37A of Section 2 of the Railway Act, 1989, the Government of India vide its notification dated 19.02.2008 of the Ministry of Railway published in the Gazette of India notified WDFC as Special Railway Project in the State of Gujarat. It is further the reply that for execution, maintenance, management and operation of this project, land is acquired under Section 20A vide notification No. 5.03.243 dated 18.10.2011 for the land survey no. 673 of Village: Jagudan, District: Mehsana admeasuring 225 sq.meters of private land and house.