- (1.) The petitioner by this writ petition, has prayed for quashing the entire proceedings for acquisition of land initiated by notification dated 10th February, 2009 published in the Gazette of India in exercise of power under Section 20A(1) of the Railways Act, 1989 (hereinafter referred to as the Railways Act).
(2.) We have heard Sri Ashish Agrawal, learned counsel for the petitioner, Sri S.P. Gupta, learned Advocate General for respondents No.1, 2 and 3 and Sri Govind Saran appearing for respondents No.1 and 4.
(3.) Brief facts of the case as emerge from pleadings of the parties are; the petitioner is purchaser of Plot No.270/2 by sale deed dated 11th April, 2008. A notification dated 10th February, 2009 under Section 20A(1) of the Railways Act, as amended by the Railways (Amendment) Act, 2008, was published in the Gazette of India notifying its intention to acquire the land situate in district Aligarh for carrying out special railway project, namely, Eastern Dedicated Freight Corridor. Plot No.270 was also included in the notification. The substance of notification was also published in local newspaper "Amar Ujala" dated 6th March, 2009. The declaration of acquisition as contemplated by Section 20E of the Railways Act was issued by gazette notification dated 15th February, 2010 published in the gazette of India Extra Ordinary dated 18th February, 2010. The substance of notification dated 15th February, 2010 was also published in the newspapers on 4th March, 2010. The petitioner claimed to have filed objection on 26th March, 2010. The award was passed by the Special Land Acquisition Officer on 19th January, 2011. The petitioner, after coming to know about the award, made an application to the Special Land Acquisition Officer requesting that Plot No.270/2 should not be acquired and an application to above effect was submitted by the petitioner on 16th March, 2012. The petitioner was communicated by letter dated 23rd March, 2012 that objection raised by the petitioner after 29th February, 2010 cannot be accepted since the land acquisition was proposed keeping in view the alignment of railway track after considering all technical aspects, hence the land of the petitioner cannot be exempted from acquisition. The petitioner has come up in this writ petition challenging the entire acquisition proceedings as well as the order dated 23rd March, 2012.;