PUSHPA DEVI MALOO Vs. LAND ACQUISITION OFFICER SDO

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner/appellant has preferred this special appeal against order of Single Bench dated 2 nd April, 2012, whereby the writ petition filed by the petitioner challenging notification dated 6.11.2008 issued under Section 20A(1), notification dated 23.1.2010 issued under Section 20E(1) of the Railways Act, 1989, award dated 25.2.2011 and order dated 20.1.2011, has been dismissed.

(3.) Brief facts of the case are, that respondent Railway Ministry (Railway Board) issued a notification dated 6 th November, 2008, under sub-section (1) of Section 20A of the Railways Act, 1989 (for short 'the Act') declaring its intention to acquire land in dispute for public purpose and for execution of a Railway project. The said notification was published in the Gazette of India, Extra Ordinary, dated 6.11.2008. It was also published in two daily local News Papers i.e. "Rajasthan Patrika" and "Dainik Bhashkar" dated 21 st June, 2009 and 22 nd June, 2009 in terms of sub-section (4) of Section 20A of the Act. Thereafter, objections were preferred on 20 th July, 2009, which were disposed off by the competent officer vide order dated 7 th August, 2009. Thereafter, a declaration was issued under Section 20E(1) of the Act vide notification dated 21 st January, 2010, which was published in the Gazette of India dated 23 rd January, 2010. The petitioner filed objections before the Land Acquisition Officer on 3 rd November, 2010 and 8 th November, 2010, the said objections were considered and rejected vide order dated 20 th January, 2011. Thereafter, award was passed on 25 th February, 2011 and writ petition was preferred before Single Bench on 2 nd June, 2011 with the following prayer:-