Learned advocate appearing for the petitioners has contended that in view of the definition contained in sub-section 37A of Section 2 of the Railways Act, 1989, "the special railway project" means a project and is a project to be completed within a specified time frame. This being an essential part of exercising power under Sections 20A and 20E of the Act, the Notification produced at Page-29 for acquisition, prima-facie does not seem to be for a period of specified time frame. If, there is no urgency indicated, then, the specific power are not warranted to be exercised.
In light of this submission, the court is of the view that let there be a notice returnable on 26.04.2012. Notice by RPAD is granted to respondent No. 1 at the cost of petitioners and direct service is permitted for respondent no.2.
(S.R.BRAHMBHATT, J.) pallav