NARESHBHAI BHAGUBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions are filed by the agriculturists land owners whose lands are under acquisition by the Railway Authorities for the construction of Dedicated Freight Corridor. The lands are situated in Surat district. They oppose the acquisition on various grounds.

(2.) At the outset, we may record brief facts.

(3.) For the said purpose, the notification for acquisition of land was issued on 29.09.2008 declaring intention of the Railways to acquire land. This notification contained a schedule of lands under proposed acquisition which did not contain the lands of the present petitioners. However, this proposal did not go through. There was rethinking at the level of the Railway administration itself to construct such corridor at the proposed place or parallel to the existing railway lines so as to save private lands. Eventually, a fresh notification came to be issued by the Railways on 08.02.2011 under section 20A of the Railways Act, 1989 (hereinafter to be referred to as 'the Act' for short) declaring the intention for acquisition of private lands for the said purpose. Schedule to this notification contained details of the lands under acquisition. The lands of the petitioners were mentioned therein. Some of the petitioners raised objections on or around 06.04.2011. Various grounds taken in the objections were that the Railway authorities have no power to acquire the lands, that, the proposed railway line is impractical and unscientific; that, the acquisition of the lands would leave the remaining lands in the hands of the farmers in small fragments. They also suggested the alternative line, which according to them, was more suitable. They also pointed out that previous preliminary notification was published on 28.10.2008, and alleged that such acquisition was abandoned under pressure from the concerned land owners.