- (1.) Heard on admission.
(2.) This intra-Court appeal is directed against the order dated 27.11.2015 passed by the learned Single Judge of this Court, whereby he has dismissed appellants' S.B. Civil Writ Petition No.4336/2011.
(3.) Appellants' land have been acquired for a very prestigious project of the Indian Railways. And the project is termed as Dedicated Freight Corridor. Before the acquisition of land, objections were duly invited from all the land owners. The appellants had also submitted their objection. The main thrust of the appellants objection was that they are agriculturists and if their land will be acquired, they will have no access to their remaining agricultural land, as a result of which they will be left with no source of income. The competent authority considered the objection and decided that appellants shall be provided proper passage/way to their remaining agricultural land. It was also decided that the cost of construction of passage shall be borne by the Dedicated Freight Corridor Corporation of India Limited. Aggrieved, the appellants filed S.B. Civil Writ Petition No.4336/2011 on the ground that their objection was not considered in right perspective. During the course of hearing, an affidavit dated 26.10.2015 was filed by the Project Manager Damodar Lal Garg on behalf of the Railways. In the affidavit, it was stated that access is very much available to the appellants to approach their land and yet till an access road is constructed by the State Government, Ministry of Railways shall ensure 3 meters (10 feet, marked in the annexed map) wide additional access way to them. The relevant extract of the affidavit reads as under:- "6. That in fact the petitioners have their access even after construction of TSS which is evident from the map annexed earlier as annexure-R/3/A. The ground situation of the land has been shown in that map (annexure-R/3/A) in which it is very clear that the access is available for the petitioners to approach their land. Further till such time, an access road is constructed by the State Government, to facilitate additional access to the petitioner for their land, the respondent No.1 & 2 shall ensure 3 Meters (10 feet) access to the petitioners as marked in the map annexed as annexure-R/13. 7. That it is cite specific acquisition and the respondents have acute urgency in completion of work at earliest. Due to interim order on the small piece of the land in question, the entire work of the project is affected badly.";