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(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

1. This group of petitions is filed by individual land owners or occupiers whose lands are acquired by the Railway Ministry for the purpose of laying down the railway tracks for Dedicated Freight Corridor.

2. We may record basic facts from Special Civil Application No. 12438 of 2012. Petitioners herein are owners of various agricultural as well as non-agricultural lands situated in village Sardarpur, Dist: Banaskantha. In exercise of powers under Section 2 (37A) of the Railways Act, 1989, the Central Government issued a notification dated 19.02.2008 notifying the Western Dedicated Freight Corridor as a special railway project. The project entails laying down of railway tracks HC-NIC Page 2 of 33 Created On Mon Oct 02 03:32:43 IST 2017 C/SCA/12438/2012 JUDGMENT specially dedicated to a freight corridor between Mumbai and New Delhi.

2.2 It appears that the authorities published a fresh notification under sub-section (1) of Section 20A of the Railways Act, 1989 on 06.02.2012 expressing the intention of acquiring different parcels of land for the said public purpose inviting persons interested to raise objections against the proposed acquisition. Under this notification, the lands of the present petitioners were covered. The petitioners, therefore, raised objections before the authorities on 26.03.2012. If we refer to one such specimen objection raised by Shri Daljibhai Nathabhai, it would show that in such communication it was pointed out that previously acquisition proceedings were initiated in which the lands of the said objector was not HC-NIC Page 3 of 33 Created On Mon Oct 02 03:32:43 IST 2017 C/SCA/12438/2012 JUDGMENT included. In that view of the matter, there would be no requirement of the present lands for the stated purpose of Dedicated Freight Corridor. The objector also pointed out an alternative, which according to him, would be more suitable and would also be a more economical option. He also raised legal issues contending that the acquisition of land can be done only through the procedure laid down under The Land Acquisition Act, 1894. 



HC-NIC                                Page 14 of 33     Created On Mon Oct 02 03:32:43 IST 2017
                 C/SCA/12438/2012                                                    JUDGMENT

8. Coming to the facts of the case, we may recall, initially the railway authorities had proposed a different alignment for which notification under Section 20A(1) of the Act was published on 10.02.2009 proposing acquisition of the lands of other villages and not of the lands of the petitioners. In fact, notification under Section 20E was also published on 10.02.2010 acquiring such lands. However, this acquisition was not pursued and it lapsed with passage of time. The Railway Ministry thereupon issued a fresh notification under sub-section (1) of Section 20A of the Act on 06.02.2012 which included the lands of the petitioners of the first set of petitions. They raised objections on or around 26.03.2012 and were also granted personal hearing by the competent authority. Such objections were disposed of by an order dated 12.06.2012. Thereupon, notification of acquisition of the lands was published on 28.02.2013. In the various orders passed by the competent authority, disposing of the objections of the land owners as well as in the affidavits filed before us the respondents have pointed out why the previous line of alignment was not suitable and the present proposed alignment would better serve the public purpose. For example, in an order dated 26.04.2012, disposing of objections of one of the land owners, it was pointed out that in the Palanpur - Gandhidham - Kandla railway line, near the Palanpur city, a sharp turn comes which is not conducive for handling high speed trains which will ply on the freight corridor. Further reasons were also cited why it would not be possible to take such line through the Palanpur city and due to which the proposed tracks would be constructed by providing a bye-pass which was decided after taking into account all technical aspects. It was also pointed out that HC-NIC Page 15 of 33 Created On Mon Oct 02 03:32:43 IST 2017 C/SCA/12438/2012 JUDGMENT even the previously proposed alignment was passing from a distance from the city. However, after due consideration a fresh notification has been issued by the Government. In the affidavit dated 20.12.2012 filed on behalf of the Railways, it is further pointed out that the alignment of the Dedicated Freight Corridor is fixed by experts after taking into consideration technical aspects and operational aspects. In the further affidavit dated 04.10.2013 filed on behalf of the Railways, it is pointed out that the Central Government decided to have a special project called Dedicated Freight Corridor from Mumbai - Delhi and from Delhi - Kolkata in order to ease the traffic of goods trains on the existing railway lines. This would have the advantage of reducing the burden on the existing railway lines which would be used mainly for the passenger trains. For such purpose, the Ministry of Railways through the Railway Board formed a company called Dedicated Freight Corridor Corporation of India Limited (DFCCIL) as a wholly Government owned company. It is pointed out that subsequent to issuing the notification dated 10.02.2009 under Section 20A(1) of the Act, the Railway Board in its meeting dated 10.11.2010, while considering the possible alternative alignments presented by DFCCIL to economize on the land acquisition directed conducting of a detailed survey of running the freight corridor alignment parallel to the existing railway line in Palanpur - Wamaj section as there was a likelihood of reduction of land acquisition from 920 hectares to 460 hectares. On the basis of such decision, feasibility report was prepared by DFCCIL suggesting alternative railway lines which would lead to drastic reduction of area under land acquisition saving suitable costs. It was found that as per the alternatives HC-NIC Page 16 of 33 Created On Mon Oct 02 03:32:43 IST 2017 C/SCA/12438/2012 JUDGMENT suggested, the land needed for acquisition could come down from 1021 hectares to 495 hectares which would result in saving of approximately Rs.443 crores in this sector. It is pointed out that such reports were sent by DFCCIL to the Ministry of Railways on 08.03.2011. The Railway Board required certain clarifications from DFCCIL which the said company provided under letter dated 18.03.2011. Considering all aspects of the matter, the Ministry of Railways conveyed to the DFCCIL approval of the revised alignment in Kalol - Iqbalgadh section parallel to the existing line under a letter dated 16.05.2011 copy of which is produced on record.

11. Coming to the question of proper procedure and the satisfaction of the appropriate authority in acquiring the land, we may peruse certain documents and pleadings on record. While doing so, we may bear in mind the contentions of the petitioners that the decision to acquire the land had to be that of the Government of India which requirement in the present case was not satisfied. The notification dated 06.02.2012 under sub-section (1) of Section 20A of the Act proposing the acquisition of the lands of the petitioners records that in exercise of powers under sub-section (1) of Section 20A, the Central Government is satisfied that the lands included in the Schedule to the notification is required to be acquired for public purpose of implementation, maintenance and management of the Western Dedicated Freight Corridor. Persons interested would be allowed to raise objections to the said proposal within thirty days. This notification carried a title as under :