Home India Ministry of Railways Notification under section 20A under the Railways Act, 1989 ...
Date: 2022-09-06 Category: Extra Ordinary State: Union Government Country: India

Notification under section 20A under the Railways Act, 1989 (bilingual) for District Giridih in the State of Jharkhand.

Issued by Ministry of Railways · Railway Board

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Executive Summary & Key Takeaways

## Report on Land Acquisition Policy for the Eastern Dedicated Freight Corridor Project **1. Executive Summary:** This report analyzes a new policy notification issued by the Central Government concerning land acquisition for the Eastern Dedicated Freight Corridor (DFC) project in the Giridih district of Jharkhand, under the Railways Act, 1989. The core purpose is to facilitate the execution, maintenance, management, and operation of this special railway project. Key findings include the government's intention to acquire specified land, the provision for affected parties to raise objections within 30 days, and the establishment of a competent authority (District Land Acquisition Officer) to address these objections. **2. Introduction:** This report aims to provide a comprehensive overview of the policy notification regarding land acquisition for the Eastern Dedicated Freight Corridor (DFC) project in Giridih, Jharkhand, as published in *The Gazette of India*. The analysis is based solely on the text provided, focusing on its key provisions, implementation aspects, and potential impact. **3. Policy Overview:** * This is a **New Policy** notification regarding land acquisition for a specific project. * **Core Objective(s):** The primary objective, as stated in the text, is to facilitate the *execution, maintenance, management, and operation* of the Eastern Dedicated Freight Corridor (DFC) project by acquiring necessary land in the Giridih district of Jharkhand. **4. Background and Rationale:** * As a **New Policy**, the notification addresses the need to acquire land for a significant infrastructure project. The rationale, inferred from the text, is that the Eastern Dedicated Freight Corridor project, a "Special Railway Project," requires specific land parcels to be acquired for its development and subsequent operational activities. The project is considered to be for "public purpose". **5. Key Provisions / Changes:** * As a **New Policy**, the notification establishes the following key provisions: * **Declaration of Intent:** The Central Government declares its intention to acquire land in the Giridih district of Jharkhand for the Eastern DFC project. * **Land Description:** A brief description of the land to be acquired is provided in an annexed schedule (referencing Mouza, Thana, Plot numbers, and area). * **Objection Mechanism:** Individuals with interests in the land are granted a 30-day window from the date of publication in the Official Gazette to raise objections to the acquisition. * **Competent Authority:** The District Land Acquisition Officer (DLAO), Giridih, Jharkhand, is designated as the "competent authority" responsible for receiving and addressing objections. * **Objection Procedure:** Objections must be submitted in writing to the DLAO, outlining the grounds for the objection. The DLAO is obligated to provide objectors with an opportunity to be heard, either personally or through a legal representative. * **Decision-Making Authority:** The DLAO is empowered to either allow or disallow objections after conducting hearings and necessary inquiries. * **Finality of Order:** Any order made by the DLAO under subsection 2 of Section 20D of the Railways Act, 1989, is deemed final. * **Land Plan Availability:** Land plans and other details related to the acquisition are available for inspection at the DLAO's office. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this policy are: * **Landowners:** Individuals or entities holding an interest in the land identified for acquisition in the Giridih district of Jharkhand. * **Residents/Occupants:** Individuals residing or operating on the land slated for acquisition. * **District Land Acquisition Officer (DLAO), Giridih:** The responsible authority for managing the land acquisition process and addressing objections. * **Ministry of Railways:** The governing body responsible for the overall railway project. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The District Land Acquisition Officer (DLAO), Giridih, Jharkhand, and the Ministry of Railways. * **Timelines or procedures specified:** * A 30-day period is specified for landowners/interested parties to file objections. * The DLAO is responsible for conducting hearings, making inquiries, and issuing orders regarding the objections. **8. Expected Outcomes / Impact of Changes:** * The likely intended outcomes of this policy are: * **Facilitating Land Acquisition:** Streamlining the land acquisition process for the Eastern DFC project, a project deemed to be for public benefit. * **Project Advancement:** Enabling the timely execution, maintenance, management, and operation of the Eastern DFC. * **Fair Process:** Providing a mechanism for affected parties to voice their concerns and objections through a defined procedure. **9. Conclusion:** The land acquisition notification represents a crucial step towards the realization of the Eastern Dedicated Freight Corridor project in Giridih, Jharkhand. It outlines the government's intention to acquire specific land, establishes a process for addressing objections, and designates a competent authority to oversee the implementation. This policy is significant for enabling infrastructure development and is of great relevance to the relevant stakeholders.

Key Entities Referenced

Railways Act, 1989: An Indian legislation concerning railways, specifically sections related to land acquisition. Eastern Dedicated Freight Corridor: A Special Railway Project for freight transport. Giridih, Jharkhand: District and State in India where the land acquisition is taking place for the Eastern Dedicated Freight Corridor project. District Land Acquisition Officer, Giridih: The competent authority responsible for land acquisition in Giridih district. Madhwadih: Name of Mouza where land is being acquired. PANKAJ TYAGI: Executive Director involved in the land acquisition process. Ministry of Railways: The Indian government ministry responsible for railways. Railway Board: The board within the Ministry of Railways. New Delhi: Location of Railway Board where notification was issued.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-06092022-238624 xxxGIDHxxx CG-DL-E-06092022-238624 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 3979] नई दिल्ली, मगं लवार, जसतम्ब र 6, 2022/ भाद्र 15, 1944 No. 3979] NEW DELHI, TUESDAY, SEPTEMBER 6, 2022/BHADRA 15, 1944 रेल मत्रं ालय (रेलव ेcksMZ) अजधसचू ना नई दिल्ली, 2 जसतम् बर, 2022 का.आ. 4160(अ).—dsUnzh; ljdkj] jys vf/kfu;e] 1989 ¼1989 dk 24½ ¼ftls blesa blds Ik’pkr~ mDr vf/kfu;e dgk x;k gS½ dh /kkjk 20d dh mi/kkjk ¼1½ }kjk iznÙk 'kfDr;ks a dk iz;ksx djrs gq,] ;g lek/kku gks tku s ds i'pkr~ fd ykds iz;kts u ds fy,] ,ls h Hkwfe dk] ftldk laf{kIr fooj.k blls mikc) vuqlwph es a fn;k x;k gS] >kj[kaM jkT; ds fxfjMhg ftys esa fo’ks"k jsy ifj;kts uk vFkkZr~] bZLVuZ MsMhdsVsM ÝsV dksjhMkjs ds fu"iknu] vuqj{k.k] izca/k vkSj izpkyu ds iz;kts u ds fy, vifs{kr gS] ,ls h Hkwfe dk vtZu dju s ds viu s vk’k; dh ?kks"k.kk djrh gS( mDr Hkwfe es a fgrc) dksbZ O;fDr bl vf/klwpuk ds jkti= es a izdk’ku dh rkjh[k ls rhl fnu dh vof/k ds Hkhrj] mDr vf/kfu;e dh /kkjk 20?k dh mi/kkjk ¼1½ ds v/khu iwokZsDr iz;kts u ds fy, ,ls h Hkwfe ds vtZu vkSj mi;kxs ds laca/k es a vk{ksi dj ldsxk( ,ls k izR;sd vk{ksi l{ke izkf/kdkjh vFkkZr~] ftyk Òwfe vtZu vf/kdkjh] fxfjMhg] >kj[kMa dks fyf[kr es a fd;k tk,xk vkSj mles a mlds vk/kkj miof.kZr fd, tk,axs rFkk l{ke izkf/kdkjh] vk{ksidrkZ dks oS;fDrd :i ls ;k fof/k O;olk;h ds ek/;e ls lquokbZ dk volj iznku djsxk vkSj ,ls s lHkh vk{ksiksa dh lquokbZ dju s rFkk ,ls h vkSj tkap] ;fn dksbZ gks] bls dju s ds i'pkr~] tks l{ke izkf/kdkjh vko’;d le>s vkns’k }kjk vk{kis ks a dks vuqKkr ;k vuuqKkr dj ldsxk( mDr vf/kfu;e dh /kkjk 20?k dh mi/kkjk ¼2½ ds v/khu l{ke izkf/kdkjh }kjk fd;k x;k dksbZ Hkh vkns’k vfare gkxs k( 5964 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] bl vf/klwpuk ds v/khu vku s okyh Hkwfe dk js[kkadu vkSj vU; C;kSjs miyC/k gS vkSj fgrc) O;fDr }kjk l{ke izkf/kdkjh ds mijksDr dk;kZy; es a mudk fujh{k.k fd;k tk ldrk gSA 1 187 59 0.537 0.217 [फा. स.ं 2022@,y,e,y&II@12@2@bZlh@2343] iadt R;kxh] dk;Zdkjh funs'kd ¼Hkw-,o a lq-½ MINISTRY OF RAILWAYS (RAILWAY BOARD) NOTIFICATION New Delhi, the 2nd September, 2022 S.O. 4160(E).—In exercise of the powers conferred by sub-section (1) of Section 20A of the Railways Act, 1989 (24 of 1989) (hereinafter referred to as the said Act), the Central Government after being satisfied that for public purpose the land the brief description of which has been given in the schedule annexed hereto is required for execution, maintenance, management and operation of Special Railway Project namely, Eastern Dedicated Freight Corridor in the district of Giridih in the State of Jharkhand hereby declares its intention to acquire such land; Any person interested in the said land may within thirty days from the date of publication of this notification in the Official Gazette raise objection to the acquisition and use of such land for the aforesaid purpose under sub-section (1) of Section 20D of the said Act; Every such objection shall be made to the competent authority namely, District Land Acquisition Officer, Giridih, Jharkhand in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in person or by legal practitioner and may after hearing all such objections and after making such further enquiry if any as the competent authority thinks necessary by order either allow or disallow the objections; Any order made by the competent authority under sub-section (2) of Section 20D of the said Act shall be final; The land plans and other details covered under this notification are available and can be inspected by the interested person at the aforesaid office of the competent authority. SCHEDULE Brief description of the land to be acquired with or without structure for the Special Railway Project namely, Eastern Dedicated Freight Corridor in district Giridih in the State of Jharkhand. DISTRICT: GIRIDIH Sl. Name of Mouza Thana/No. Plot No. Area Area Affected No. (in Acre) (in Hac.) Plot 1 Madhwadih 187 59 0.537 0.217 Part [F. No. 2022/LML-II/12/2/EC/2343] PANKAJ TYAGI, Executive Director (L&A) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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