SUMIT S/O ASHOKKUMAR BHARADIYA Vs. UNION OF INDIA, THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF RAILWAYS, RAIL BHAVAN, NEW DELHI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) The petitioner herein has claimed that the Railway Authorities represented by respondent Nos. 1 to 4 herein have encroached upon part of the land belonging to him by undertaking construction of Ahmednagar-Beed-Parali railway line through the said portion of his land, for which neither any acquisition proceeding was undertaken nor was any compensation paid to him.

(3.) Initially, it was the prayer of the petitioner that the said respondents be prohibited from carrying out any work pertaining to laying down said railway line, but, by way of amendment, petitioner has submitted that if said portion of land is required for railways, he would give up his claim to that portion of the land, provided he is paid compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013").