BRAJESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, by way of filing the instant writ petition under Article 226 of the Constitution of India, have prayed for issuance of appropriate writ/order/direction for quashing and setting aside the notification bearing No.2804 dated 14.12.2011 (Annexure-2) whereby and whereunder a notification under Section 20A(1) of the Railway Act, 1989 has been issued for the purpose of acquiring the lands of Mouza Bhuda within the district of Dhanbad, although the said lands are covered by more than hundreds of residential houses and is densely and thickly residential colony namely Binod Nagar Colony. It is further prayed that respondents be restrained from disturbing the peaceful possession of the petitioners over their residential houses, particularly when the objections filed by the petitioners in terms of Section 20(D) of Act is still pending. It is also prayed that necessary direction be issued upon the respondents to decide the objections of the petitioner (Annexure-3), keeping in view the principle of minimum damage and the recommendation of the Member, Railway Board (Annexure-4) who has also admitted that the lands covered by the notification (Annexure-2) consisting of a residential colony and will amount to uprooting/displacing rendering homeless several persons who have their house since last more than three decades.

(2.) Heard learned counsel for the petitioners Ms. Debolina Sen as well as learned counsel Mr. Ram Nivas Roy for the respondentsRailway Authorities and perused the materials placed on record.

(3.) It is the case of the petitioners that they are resident of Binod Nagar Colony in Mouza Bhuda in the district of Dhanbad and they have constructed their residential house and have been living for the last three decades. According to petitioners, the houses were constructed out of the savings of the life and after taking loan from banks/financial institutions, on the basis of sanctioned building plan and they all have been recognized as raiyats.