Neutral Citation No. - 2025:AHC:21939-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 37) Court No. - 21 Case :- WRIT - C No. - 4233 of 2025 Petitioner :- Lallan And 2 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Surendra Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the parties and perused the record. 2. The petitioners whose land was acquired under the provisions of the Railways Act, 1989 and compensation was determined under awards dated 08.08.2012 and 10.06.2016, are now praying for rehabilitation and re-settlement award as per the provisions of Ch.V of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as the 'Act, 2013') on the ground that the provisions of the new Act have been extended to the Railways Act, 1989 in terms of Section 105. 3. Learned counsel for the petitioners submits that the claim of the petitioners is similar to the one raised in Writ C No.2782 of 2023 (Ashok Kumar and 8 others vs. National Highway Authority of India and 3 others), which was disposed of by this Court, by order dated 24.2.2023 in terms of the order passed in Writ C No.21601 of 2022 (Ranvir Singh and 35 others vs. National Highway Authority of India and Competent Authority For Land Acquisition and Others). 4. Shri Pranjal Mehrotra, learned counsel for respondent nos. 3 & 4 states that it has to be examined that whether provision of the said Act would apply where the acquisition was of the period prior to coming into force of the 2013 Act. 5. We may notice that by virtue of Section 20-O of the Railways Act, 1989, the provisions of National Rehabilitation and Resettlement Policy, 2007, notified by the Government of India, have been made applicable in respect of acquisition of land by the Central Government under the Railways Act. 6. In view of the above, it is for the Competent Authority, i.e. respondent No.2- Prescribed Authority/ Additional District Officer (Finance and Revenue) , Chandauli to examine the claim of the petitioners. The petition is disposed of with direction to the Competent Authority to examine the claim within a period of twelve weeks from the date a true attested copy of instant order is filed by the petitioners before the Competent Authority alongwith a fresh representation. 7. The petition stands disposed of, accordingly. Order Date :- 14.2.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad