VANDANA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner is a lawful khatedar of the land comprising Khasra No. 1511, situated at Village, Kankarwa, Tehsil Bhupalsagar, District Chittorgarh admeasuring 1.39 hectare. The Ministry of Railways (Railway Board), New Delhi issued a notification in December 2021 seeking to acquire the land admeasuring 0.06 hectare of the land in question for execution of the Special Railway Project (Bridge on level Crossing No.139), Bhupalsagar-Fatehnagar.

(3.) Learned counsel for the petitioner submitted that the respondents have acquired the land in question without first notifying a "Special Railways Project" as contemplated by Sec. 2 (37A) of the Railways Act, 1989 (hereinafter referred to as 'Act of 1989').