Rajasthan High Court - Jodhpur

Vandana Devi vs Union Of India on 16 August, 2023

Bench: Pushpendra Singh Bhati

(1 of 7) [CW-276/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 276/2023

Vandana Devi W/o Shri Manoj Kumar, Aged About 50 Years, B/c Agrawal, Resident Of Fatehnagar, District Udaipur (Raj.).

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Railways, New Delhi.

2. Divisional Railway Manager, North-Southern Railways (Engineering Department, Ajmer.

3. Competent Authority Cum Sub Divisional Officer, Bhupalsagar, District Chittorgarh.

                                                                             ----Respondents


For Petitioner(s)                 :     Mr. Avin Chhangani
For Respondent(s)                 :     Mr. Vivek Shrimali

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 01/08/2023 Pronounced on 16/08/2023

1. This writ petition under Article 226 of the Constitution of

India has been preferred claiming the following reliefs:

"It is, therefore, respectfully prayed that record of the case may kindly be called for and by an appropriate writ, order or direction:-

i. the impugned award dated 25.07.2022, passed by the learned Competent Authority-cum-Sub Divisional Officer, Bhupalsagar, District Chittorgarh in Case No.01/2022/685 (An.1) and the consequential letter dated 25.07.2022 (An.2) issued by the Competent Authority to the Sr. Divisional Engineer, North-Western Railway, Ajmer and the letter dt. 13.12.2022 (An.12) may kindly be quashed and

(D.B. SAW/750/2023 has been filed in this matter. Please refer the same for further orders)

(2 of 7) [CW-276/2023]

set aside and the entire so called land acquisition proceedings initiated by the respondents may kindly be declared void ab initio and the respondents may be restrained from taking over possession of the land in question i.e. 0.06 hectare of land out of Khasra No.1511 of village Kankarwa, Tehsil Bhupalsagar, District Chittorgarh; ii. during the pendency of the writ petition the effect and operation of the impugned award and letter dated 25.07.2022 (An.1 & An.2) may kindly be stayed; iii. any other appropriate order/relief as may be deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner.

v. the writ petition filed by the petitioner may kindly be allowed throughout with exemplary costs and compensation, for initiating absolutely illegal land acquisition proceedings - in the absence of a notified special railway project - to harass and humiliate the petitioner, may also be awarded to the petitioner in the tune of Rs.50,000/-"

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.

2.1. The Senior Divisional Engineer (South), North Western

Railways, Ajmer issued a letter dated 18.09.2021, wherein it was

stated that the respondent no.3-Sub-Divisional Officer has been

(D.B. SAW/750/2023 has been filed in this matter. Please refer the same for further orders)

(3 of 7) [CW-276/2023]

appointed as Land Acquisition Officer for the land acquisition

proceedings in question.

2.2. Thereafter the respondent no.3 addressed a letter dated

28.03.2022 to the Senior Divisional Engineer, North Western

Railways, Ajmer, wherein it was stated that in terms of the Right

to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (hereinafter referred to

as 'Act of 2013'), the notifications have to be published in two

local newspapers. In the meantime, the petitioner had already

filed a revenue suit under Section 188 of the Rajasthan Tenancy

Act, 1955 before the Sub-Divisional Officer, Chittorgarh in the year

2018.

2.3. The Competent Authority-cum-Sub Divisional Officer vide

order dated 25.07.2022 in Case No. 01/2022 (Railway Ministry Vs.

Smt. Vandana), granted compensation to the tune of

Rs.1,69,290/- to the petitioner in lieu of the acquisition in

question. Thereafter, the Competent Authority wrote a letter to the

Senior Divisional Engineer (South), North-Western Railways,

Ajmer for making the necessary payments and taking over the

possession of the land in question from the petitioner.

2.4. The petitioner received communication dated 13.12.2022

from the Land Acquisition Officer for collecting the compensation

of Rs. 1,69,290/- in lieu of the acquisition in question.

2.5. Feeling aggrieved by the impugned order dated 25.07.2022,

letter dated 25.07.2022 passed by the Competent Authority-cum-

Sub Divisional Officer and the letter dated 13.12.2022, on the

ground, amongst others, that the same were passed/issued

(D.B. SAW/750/2023 has been filed in this matter. Please refer the same for further orders)

(4 of 7) [CW-276/2023]

without hearing the petitioner, he has preferred this petition

claiming the afore-quoted reliefs.

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 Section

2 (37A) of the Railways Act, 1989 (hereinafter referred to as 'Act

of 1989').

3.1. Learned counsel further submitted that the notification under

Section 20A of the Act of 1989 was published in two local

newspaper of the District Chittorgarh, and the notification under

Section 20E of the Act of 1989 was published in two local

newspapers of the District Udaipur. As per learned counsel, it is

extremely intriguing, inasmuch as the phrase 'local newspapers'

can only have one connotation in respect of any land acquisition

proceeding.

3.2. Learned counsel also submitted that the impugned action of

the respondents clearly reflects a falsehood to the effect that the

publication under the Act of 2013 was completed, and that, the

notification was not affixed at a conspicuous public place, and

therefore, the entire action of the respondents is against the

principles of the natural justice and violative of the Constitution of

India.

4. On the other hand, learned counsel appearing on behalf of

the respondents, while opposing the aforesaid submissions made

on behalf of the petitioner, submitted that the entire proceedings

for acquisition of the land in question have been undertaken in

accordance with the provision of the Act and the Rules and

(D.B. SAW/750/2023 has been filed in this matter. Please refer the same for further orders)

(5 of 7) [CW-276/2023]

compensation to the tune of Rs. 1,69,290/- was also awarded to

the petitioner.

4.1. It was further submitted that as per the extra ordinary

gazette notification no.3067 dated 13.08.2021, a Special Railway

Project was notified, and for that said purpose, the land in

question was sought to be acquired for construction of the bridge

of the railways, and that, it is a public project; thus, there is no

illegality or arbitrariness in the impugned action on the part of the

respondents.

4.2. It was also submitted that the notification was published in

local newspapers (Dainik Bhaskar and Rajasthan Patrika) of the

District Udaipur Edition on 20.05.2022. The earlier notification was

published in the local newspapers of District Chittorgarh on

18.02.2022.

4.3. It was further submitted that the respondents invited the

claim(s)/objection(s), but no such claim/objection was ever

received by the Competent Authority, and thus, thereafter the

Competent Authority proceeded to award the compensation in

accordance with law.

4.4. It was also submitted that the compensation amount has

been already deposited with the Competent Authority on

21.11.2022, but despite the same, the possession of the land in

question has still not been handed over to the respondents no.1

and 2.

5. Heard learned counsel for the parties as well as perused the

record of the case.

(D.B. SAW/750/2023 has been filed in this matter. Please refer the same for further orders)

(6 of 7) [CW-276/2023]

6. This Court observes that the respondents sought to acquire

the petitioner's land in question for Special Railway Project, which

is clearly reflected from the proceedings in question, and for the

said purpose, the Sub-Divisional officer was appointed as Land

Acquisition Officer (Competent Authority). After completion of the

proceedings, the Competent Authority passed the impugned order

dated 25.07.2022, and awarded the compensation to the tune of

Rs. 1,69,290/- to the petitioner, in lieu of the acquisition in

question.

7. This Court further observes that the land in question was

sought to be acquired by the respondents for the purpose of

construction of bridge under the Special Railways Projects as

notified in terms of Section 2 (37A) of the Act of 1989. This Court

also observes that the Ministry of Railways vide gazette

notification dated 13.08.2021, notified the Special Railway Project,

and the same was done in terms of Section 2 (37A) of the Act of

1989, and thus, suffers from no illegality or arbitrariness.

Relevant portion of the said notification is reproduced as

hereunder:-

"jsy ea=ky;

mRrj if'pe jsyos ¼bathfu;jhax foHkkx½ vf/klwpuk t;iqj] 12 vxLr 2021 dk-vk- 3315¼v½-& dsUnzh; ljdkj] jsy vf/kfu;e] 1989 dh /kkjk 2 ds [kaM ¼37 d½ ds }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gqw, bl vf/kfu;e ds jkti= esa izdk'ku dh rkjh[k ls uhps nh xbZ lkj.kh ds LraHk ¼3½ esa mfYyf[kr jkT; esa mDr lkj.kh ds LraHk ¼2½ esa ;Fkk&mfYyf[kr ifj;kstuk dks fuEufyf[kr fo'ks"k jsy ifj;kstuk ds :i esa vf/klwfpr djrh gSA

(D.B. SAW/750/2023 has been filed in this matter. Please refer the same for further orders)

(7 of 7) [CW-276/2023]

lkj.kh fo'ks"k jsy ifj;kstuk Øe-la- ifj;kstuk dk uke jkT;@la?kjkT; {ks= ¼1½ ¼2½ ¼3½ 1 vtesj eaMy & leikjksa ij fupys jktLFkku lM+d iqy ¼65 vnn½

[bZ-Qk-la- m-i-js-&,pD;w0bath¼,y,e½@25@2021] lqjsUnz dqekj caly] eq[; ifj;kstuk funs'kd@LVs'ku fodkl "

8. This Court also observes that the Competent Authority

awarded the compensation to the petitioner as per the provisions

of the Act of 2013. This Court further observes that the Special

Railway Project in question is an absolute necessity for the public

at large and the petitioner was also awarded the compensation in

lieu of such acquisition.

9. This Court further observes that in pursuance of the

impugned order, the respondents no.1 and 2 deposited the