SRS RETREAT SERVICES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) A notification dated 30.8.2010 under Section 20A of Railway Act, 1989 (24 of 1989) (hereinafter referred to as "the Act') was issued by the Central Government for acquisition of the land for special railway purposes, Western Dedicated Front Corridor i.e. preservation, management and control for its utilization in the public interest, in District Palwal (Haryana). The petitioner filed objections under Section 20D of the Act and the Land Acquisition Collector vide his report dated 29.7.2011 (Annexure P-7) recommended as follow:-

(2.) The acquired land belong to M/s. SPS Buildcom Limited. As per order dated 18.11.2011 passed in Company Petition No. 72/2011, all the business, properties, assets, liabilities etc. of M/s. SPS Buildcom Limited have been transferred with M/s. SRS Retreat Services Limited i.e. the petitioner.

(3.) It has been averred that the petitioner has obtained a CLU for the land including the acquired land to built a Five Star hotel by paying CLU charges and also obtained the other necessary permissions. The building plan has been got approved and the construction is in progress. The acquisition of the land measuring 12K-1M will be detrimental for the project. It will divide the land of the petitioner into two parts leaving no approach of the land to the southern land. Other vacant land adjoining the cite for Railway Corridor is available and can be easily acquired. Once the authorities have passed the order accepting the objections of the petitioner to release the land in question, it could not be acquired again. The notification for acquisition of the land of petitioner suffers from vice of arbitrariness and is unfair and unjust. The petitioners have sought quashing of the notification dated 15.7.2012 published on 20.7.2012 (Annexure P-9) and the award dated 17.6.2013 (Annexure P-11).