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2025 DAILYLAW 8354 (ALL)

BABU LAL AND 7 OTHERS v. UNION OF INDIA AND 2 OTHERS

WRIC/1323/2025 · 2025-02-11

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19820-DB Court No. - 21 Case :- WRIT - C No. - 1323 of 2025 Petitioner :- Babu Lal And 7 Others Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Om Prakash Counsel for Respondent :- Pranjal Mehrotra,A.S.G.I.,C.S.C. 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 an award dated 01.06.2023, 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. Learned counsel for the respondents No. 1 & 3 states that it has to be examined that which provision of the said Act has been extended to the acquisition made under the Railways Act, 1989. 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- Special Land Acquisition Officer, Chandauli to examine the claim of the petitioners strictly in accordance with law in terms of Section 31 of the Act, 2013 read with Section 20-O of the Act, 1989 and take a decision as regards making resettlement and rehabilitation award 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 application. 7. The petition stands disposed of, accordingly. Order Date :- 11.2.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad