Rajasthan High Court: Land Acquisition for Railway Line in Nathdwara Challenged, Ministry of Railways and Officials Summoned

Rajasthan High Court

Jodhpur, 07 July (Udaipur Kiran) – The Rajasthan High Court has taken a strict stance on the acquisition of private landowners’ property for laying a new railway line in Nathdwara, the city of Shrinath Ji.

The High Court has halted the land acquisition process after hearing a petition that alleged changes in the pre-determined design to exclude lands of influential landowners and acquire lands of less influential individuals. Justice Rekha Borana passed this order on a petition filed by Nathdwara resident Jamnadas Sanadhya and three other landowners. However, the court’s order will only affect the lands of the petitioning landowners. Senior advocate Sandeep Shah and advocate Vineet Sanadhya represented the petitioners.

Exclusion of Influential People’s Land: The petition stated that the Ministry of Railways initially issued a notification on 7 April 2022 for land acquisition for the Nathdwara-Nathdwara Town rail line, which did not include the petitioners’ land. However, a new notification was issued on 29 December 2023, excluding previously included lands and incorporating the petitioners’ land. The lands left out by the railways belong to several influential and politically powerful individuals.

Ignoring the Law: The petition claimed that to benefit influential individuals, the railways disregarded legal procedures. As per regulations, objections must be invited and resolved before acquisition. The petitioners had submitted written objections under Section 20-D of the Railways Act to the land acquisition authority. Instead of addressing these objections, officials proceeded with the acquisition arbitrarily. When the petitioners contacted the officials, they were informed that their objections had been resolved on 9 April 2024, which the petition also challenged. The petitioners argued that they were not given a proper opportunity for a hearing.

High Court’s Response: After the preliminary hearing, Justice Rekha Borana issued notices to the Ministry of Railways, railway officials, the sub-divisional officer of Nathdwara, and the land acquisition officer, asking them to respond. The court also ordered that a copy of the notice be sent by registered mail and imposed an interim stay on the acquisition proceedings related to the petitioners’ lands.

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