LAWS(ALL)-2011-1-31

TUKMAN SINGH Vs. UNION OF INDIA

Decided On January 13, 2011
TUKMAN SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Petitioner is a person interested in respect of the land set out in the notification dated 3.11.2010 published in the Gazette of India on 9.11.2010 under Section 20A of the Railways Act 1989, as amended by the Railways (Amendment) Act, 2008, (hereinafter referred to as the 'Railways Act').

(3.) According to the Petitioner, in terms of Section 20A(4) of the Railways Act, the substance of the notification was published in the Newspapers, namely, Dainik Jagran and Amar Ujala on 18.12.2010. Considering that the substance of the notification was published in daily Newspapers on 18.12.2010 and that the date of publication of notification of Gazette of India was 9.11.2010, hence interested persons including Petitioner have been prevented from filing objections, as it was beyond the period of 30 days and as such, the notification dated 3.11.2010 is liable to be set aside.