Rajasthan High Court: In a petition challenging the decision dated 09-04-2024, where the petitioners’ objection with regards to acquisition of their land was deciding without providing them a proper hearing, a single-judge bench of Rekha Borana, J., granted stay on further acquisition proceedings concerning the lands of the petitioners until the matter is resolved.
In the instant matter, a notification dated 29-12-2023 was issued under Section 20-A of the Railways Act, 1989 (the Act), for acquiring lands to lay down a new railway line named Nathdwara-Nathdwara Town in District Rajsamand. The lands belonging to the petitioners were also included in this acquisition. The petitioners submitted objections on 14-02-2024 under Section 20-D of the Act. The objections were decided based on a notice published in a newspaper and without affording the petitioners a hearing. The petitioners argued that deciding objections without a proper hearing violates the principles of natural justice. The petitioners contended that their objections were not adequately addressed, and the decision dated 09-04-2024 was passed in a cursory manner. The petitioners further alleged that the entire process of issuing a new notification and including the petitioners’ lands was aimed at benefiting certain landholders by excluding their lands from acquisition.
The Court admitted the case for further proceedings and issued notices to both parties. The Court directed the petitioners to file two sets of notices within a week, with one set provided ‘dasti’ to the petitioners’ counsel for service through registered post acknowledgment due. The Court stayed the acquisition proceedings regarding the lands of the petitioners until the matter is resolved. The Court scheduled the next date of the hearing on 29-07-2024.
[Jamnadas Sanadhya v. Union of India, 2024 SCC OnLine Raj 1840, order dated 04-07-2024]
Advocates who appeared in this case :
Mr. Sandeep Shah, Sr. Advocate assisted by Ms. Akshiti Singhvi and Mr. Vinit Sanadhya, Counsel for the Petitioners
