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Judgment
This Court had issued notices on 7th September, 2020. The office report shows that notices on the respondent Nos.1 to 5 have been served.
Learned counsel Mr.PC Sharma appears for the respondent Nos.2 & 5.
None has appeared on behalf of the respondent Nos.1, 3 & 4. Learned counsel for the petitioners submitted that the entire acquisition proceeding, initiated under the Railways Act, 1989 (for short "the Act of 1989"), suffers from serious illegal infirmities.
Learned counsel submitted that initial notice under Section 20A of the Act of 1989 did not even give name of the persons, whose land was acquired.
Learned counsel submitted that the petitioners were unable to file objections due to such illegalities and as such, the respondents deprived the petitioners from filing objection under Section 20D of the Act of 1989.
Learned counsel further submitted that the proceedings, now sought to be concluded under Section 20F of the Act of 1989, also does not follow the law of publication of notice in two local newspapers.
Learned counsel submitted that this Court may consider the prayer for grant of interim relief, as the respondents want to take physical possession of the petitioners' land.
Learned counsel for the respondent Nos.2 & 5 - Mr.PC Sharma, on instructions, submitted that some time is required to file reply and he has been verbally informed by the Officer Incharge that the matter is still sub-judice before the Land Acquisition Officer to decide the objections, said to be filed by the petitioners. The acquisition proceedings have been initiated and concluded for construction of railway over-bridge and as such, the project, being of public importance, this court may not pass interim order, at this stage.
Learned counsel for the respondents is granted two weeks' time to file reply to the writ petition.
Let this case be listed on 5 th October, 2020 after showing name of Mr.PC Sharma in the cause-list, as counsel for the respondents.
It is directed that if the physical possession has not already been taken over by the respondents till today, the respondents are directed to maintain status quo in respect of the land of the petitioners and not to take physical possession thereof, till the next date.