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2025 DAILYLAW 32321 (ALL)

SURENDRA PAL SINGH AND ANOTHER v. MINISTRY OF RAILWAY (GOVERNMENT OF INDIA) DEDICATED FREIGHT CORRIDOR CORPORATION OD INDIA LTD AND A

WRIC/8701/2025 · 2025-04-07

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51015-DB Court No. - 29 Case :- WRIT - C No. - 8701 of 2025 Petitioner :- Surendra Pal Singh And Another Respondent :- Ministry Of Railway (Government Of India) Dedicated Freight Corridor Corporation Od India Ltd And Another Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This writ petition has been filed with the prayer to command the first respondent to provide drainage below the railway line on the field of the petitioners' Plot No.157 situated at Village Kallarpur Tehsil Sadar District Muzaffar Nagar. It is alleged that on account of acquisition of land the plot of the petitioners now is in two parts and unless proper drainage for flow of agricultural water is provided the petitioners will not be able to irrigate one part of their land. Perusal of the record would indicate that the land of the petitioner has been acquired for establishment of Dedicated Railway Freight Corridor. The Deputy Chief Project Manager has clearly informed that at the time when the project was being finalized camps were organized to examine grievance of the tenure holders but at such stage in the year 2015 no grievance was raised by the petitioners. It has also been stated that the railway line has now been laid at a raised platform of 4 meters and it is not possible to provide drainage beneath such railway track. It is also pointed out that the petitioners have otherwise been paid compensation for the land acquired including compensation for the pumping set. The communication dated 10.11.2022 of the concerned authority is not under challenge. It is otherwise undisputed that the land was acquired in the year 2015 and at that stage no such grievance was raised by the petitioners, even though land was notified for acquisition. An award has otherwise been made and compensation amount has been paid. In view of the stand taken by the respondents that it would not be feasible to provide drainage to every tenure holder where the railway line passes at a height of 4 meters, we do not find it a fit case for this Court to issue any direction to provide drainage in order to connect the two parts of the land. Even otherwise, the other part of the land which is in possession of the petitioners can be irrigated by installing pumping set or any other such mechanism for providing irrigation. The contention that railways must bear such costs is noticed only to be rejected. The argument that at the time of award proper opportunity was not given is otherwise not required to be examined as the legality of the award is not under challenge in the present writ. Writ petition is, accordingly, dismissed. Order Date :- 8.4.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad