SAMEER DALMIA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This case aptly illustrates the growing tendency among litigants to use the courts as a tool for financial advancement. The Courts are over- burdened with bona fide litigation and thus steps need to be taken to curb motivated litigation. The public needs to be warned that the process of the Court is not meant for redressal of perceived wrongs.

(2.) The petitioner purchased a small parcel of land measuring 3K- 6M comprised in Khasra No.11550 (0-7-14), 11551 (0-3-11) and 11552 (0- 2-00) in the revenue estate of Village Kila Raipur-I, Sub-Tehsil Dehlon, District Ludhiana (Punjab) by virtue of a registered Sale Deed dated 04.11.2015. His grievance is that his land has been acquired in violation of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as to the 2013 Act). Accordingly, he prays for quashing of the acquisition proceedings.

(3.) Facts of this case may be set out in brief. The Ministry of Railways has set up a Special Purpose Vehicle known as Dedicated Freight Corridor Corporation of India Limited (DFCCIL) and registered the same under the Companies Act , 1956. The said Special Purpose Vehicle has been incorporated with the aim of making rail transportation more profitable. In the first phase, two corridors namely Western Dedicated freight Corridor and Eastern Dedicated Freight Corridor have been approved. The Eastern Dedicated Freight Corridor, starts from Sahnewal near Ludhiana in Punjab and terminates at Dankuni in West Bengal. It passes through the States of Haryana, Uttar Pradesh, Bihar and Jharkhand. The Dedicated Freight Corridor involves setting up of multi modal logistic parks/terminals at various points along the corridor. Such parks facilitate value addition such as packaging, retailing, labeling, pelletizing, transportation etc. One such Integrated Multi Modal Logistic Park (hereinafter referred to as the Park) is being set up in the State of Punjab by respondent No.3 and for this purpose a Memorandum of Understanding dated 29.10.2015 has been signed between the Government of Punjab and the said respondent. The proposed investment for this Park is Rs. 250 crores and it has the potential of providing employment to 500 persons.