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Judgment
1) At the very outset, learned counsel appearing for the respondents/ contemnors would submit that the petitioner's land having been acquired for
construction of East Rail Corridor Project under the Indian Railways, the issue concerning the enhancement of amount of compensation is required to
be settled by the Arbitrator in view of Section 20F (6) of the Railways Act, 1989, as amended by the Railways (Amendment) Act, 2008, therefore, the
appropriate remedy for the petitioner is to move before the authorities of the Railways for referring the matter to the Arbitrator.
2) In view of submission made, the contempt petition stands disposed of. Since the Railways was not a party in the writ petition, no direction can be
issued to the Railways in this contempt petition, however, it is expected of the concerned authority of the South East Central Railway (SECR) that
whenever the application is moved by the applicant seeking enhancement of the compensation, the same shall be referred to the Arbitrator in view of
the provisions under Section 20F (6) of the Railways Act, 1989, as amended by the Railways (Amendment) Act, 2008, at the earliest.
