Court No. - 29
Case :- WRIT - C No. - 27349 of 2018 Petitioner :- Mahanth Shiv Shankar Giri Sarvrahkar Sri Thakur Ji Ram Laxman Janki Respondent :- Union Of India And 32 Others Counsel for Petitioner :- Prabhakar Dwivedi Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav,Rajnish Kumar Rai
Hon'ble Pankaj Mithal,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State.
Some land has been notified for acquisition under Section 20-A of the Railways Act 1989. It has been followed by a declaration under Section 20-E of the Act. The said declaration has been made on 18.6.2018. Section 20-F of the Act provides that the competent authority shall make an award in respect of the acquired land within one year of the publication of the declaration, failing which the acquisition would lapse. At the same time, Sub-Section 4 of Section 2-F of the Act provides that before determining the amount of compensation or making the award, the competent authority shall give public notice through local news papers inviting claims from all persons interested in the acquired land.
Learned counsel for the petitioner submits that the petitioner is a person interested in the acquired land and had filed objections to the acquisition earlier.
The objections to the acquisition are of no use at this stage when the declaration has already been made. If the petitioner is interested in the compensation, he may file objections on the publication of the notice as contemplated under Sub-Section 4 of Section 20-F of the Act. It goes without saying that in case any such objections are filed, the competent authority before declaring the award shall consider the same and make the award accordingly.
The writ petition is disposed of with the above observations.
Order Date :- 24.8.2018 Arvind