- (1.) Heard Sri N.P. Singh, learned counsel for the petitioners, Sri Rajnish Kumar Rai, learned counsel for the respondent Nos.1, 2 and 4 and Sri B.P. Singh Kachhawah, learned standing counsel for the State-respondent No.3.
(2.) This writ petition has been filed praying for the following relief: "(i) issue a writ, order or direction in nature of certiorari, thereby quashing the impugned notification i.e. the notification dated 11th February, 2019 (Annexure P-1) and the notification dated 6th November, 2019 under Section 20E of the Act of 1989 (Annexure P-2), being illegal, arbitrary and is void in law. (ii) issue a writ, order or direction in nature of mandamus thereby restraining the Respondents, its officers, agents, servants etc from interfering with the possession of the petitioners from their existing Abadi in village - Chamravali-Boraki and land falling in village Hazratpur; (iii) issue a writ or order or direction in the nature of mandamus thereby directing the Respondents, its officers, agents, servants etc to carry out the development of the "Eastern Dedicated Freight Corridor in District Gautam-budh Nagar in State of Uttar Pradesh" over the acquired land, as approved by the Central Government in terms of which the acquisition of land was made in terms of Annexure P-5 (colly); (iv) issue a writ order or direction in the nature of mandamus thereby directing the Respondents, its officers, agents, servants etc from producing the entire record pertaining to the special railway project of "Eastern Dedicated Freight Corridor in District Gautam-budh Nagar in State of Uttar Pradesh" as approved by the Central Government for issuance of the acquisition notification being annexed as Annexure P-5 (colly);"
(3.) Learned counsel for the petitioners submits as under: (i) By the Railways (Amendment) Act, 2008 (Act 11 of 2008), the provisions of Chapter-IV-A (Section 20A to 20P) were incorporated in the principal Act, i.e. Railways Act, 1989. The aforesaid Amendment Act has been repealed by the Repealing Amendment Act, 2016 (No.23 of 2016) dated 09.05.2016. The impugned notifications have been issued under Section 20A and 20E of the Act, 1989. Since the Amendment Act 11 of 2008 has been repealed by Act 23 of 2016, therefore, the provisions of Section 20A and Section 20E were not available. Consequently, the impugned notifications have been issued without authority of law and, therefore, they deserve to be quashed. (ii) Initially, the railways acquired land for "Eastern Dedicated Freight Corridor in District Gautam Buddh Nagar" by notification dated 24.08.2009. At that time, the respondents left the abadi area of the petitioners' villages Chamravali-Boraki and Hazaratpur but by the impugned notification some area of the petitioners' villages has been acquired. This cannot be done since the respondents have earlier not acquired the land in question while issuing acquisition notification dated 24.08.2009. Therefore, the impugned notification suffers from mala fide. ;