Home India Ministry of Railways Notification under section 20E under the Railways Act, 1989 ...
Date: 2022-04-29 Category: Extra Ordinary State: Union Government Country: India

Notification under section 20E under the Railways Act, 1989 (bilingual) for District Dhanbad in the State of Jharkhand

Issued by Ministry of Railways · Railway Board

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Executive Summary & Key Takeaways

## Report on Land Acquisition for the Eastern Dedicated Freight Corridor Project (Amendment) **1. Executive Summary:** This report analyzes a government notification pertaining to land acquisition for the Eastern Dedicated Freight Corridor (EDFC) project in the Dhanbad district of Jharkhand. Based on the provided text, this notification appears to be an amendment to a previous notification (S.O. 453E, dated February 1, 2022) related to the same project. It declares the government's intent to acquire specified land parcels for the EDFC's execution, maintenance, management, and operation, stating that the land will vest absolutely in the Central Government free from all encumbrances following publication of this notification. Key findings highlight the completion of procedural requirements, including consideration of objections (of which none were received) and submission of a report by the competent authority. This amendment's significance lies in its final step of the land acquisition process, enabling the project's progression in the specified region. **2. Introduction:** This report aims to provide an informative overview of a government notification concerning land acquisition for the Eastern Dedicated Freight Corridor (EDFC) project. The analysis is based solely on the provided policy text, focusing on the implications for affected industries and stakeholders. **3. Policy Overview:** * **Amendment to:** Government of India, Ministry of Railways Railway Board Notification S.O. 453E, dated the 1st February, 2022 * **Core Objective(s):** (Inferred from the text) To facilitate the execution, maintenance, management, and operation of the Eastern Dedicated Freight Corridor project by acquiring the necessary land. **4. Background and Rationale:** * This notification is an *amendment* signifying a step further in the original land acquisition process. The text indicates that the initial notification (S.O. 453E) declared the intention to acquire land. This current notification appears to finalize that intention, indicating that no objections were received and that the competent authority submitted a report to the central government. The rationale for this amendment is therefore to proceed with the planned land acquisition process. **5. Key Provisions / Changes:** This is an *amendment*, so we focus on changes introduced. * **What is being changed:** This notification seems to be completing the process that the February 1, 2022 notification initiated. While the specific sections of the original policy being changed are not explicitly stated, it is likely related to the final vesting of land rights with the Central Government. * **New Rule/Provision:** The key provision is the declaration that the land specified in the annexed schedule *shall be acquired* for the EDFC project and that, *upon publication of this notification*, the specified land "shall vest absolutely in the Central Government free from all encumbrances." * **Difference/Effect:** The initial notification communicated the *intention* to acquire. This amendment declares the land *will* be acquired. The critical effect is that the Central Government now gains absolute ownership, free of existing claims or liabilities ("encumbrances"), on the designated land parcels. This clears the way for construction and operation. **6. Target Audience and Stakeholders:** Based on the text, the directly affected stakeholders include: * **Landowners:** Specifically, those landowners listed in the schedule pertaining to Khata Nos. 4, 8, 86 and 69 in the Nirsa and Baliyapur Circles, as their land is being acquired. This includes individuals like Nimai Choudhri, Kanali Dharnidhar Mandal, and Rakho Hari Mahato, among others. * **Eastern Dedicated Freight Corridor Corporation of India Limited (EDFCIL):** The implementing agency for the EDFC project, as this land acquisition is crucial for their project’s progress. * **Railway Industry**: As this dedicated freight corridor will likely impact the efficiency and capacity of freight transport. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Railways (Railway Board) and the Central Government are responsible for implementing this notification. A "competent authority" also played a role in submitting a report, though their specific identity/role isn't detailed. * **Timelines/Procedures:** The critical timeline is the date of publication of this notification in the official Gazette. Upon publication, the land immediately vests with the Central Government. * **Implementation related to the Amendment:** The practical next step is the transfer of land ownership to the Central Government and the commencement of construction/operation activities by the EDFCIL. Compensation to landowners (though not explicitly stated in this text) would also be a likely component of the implementation process. **8. Expected Outcomes / Impact of Changes:** The primary intended outcome *of this specific amendment* is to facilitate the smooth transfer of land ownership to the Central Government, thus removing any legal obstacles to the EDFC project's advancement. This will enable the EDFCIL to proceed with construction and operation of the dedicated freight corridor in the Dhanbad district. Positive impacts would include improved freight transportation efficiency and potentially economic development in the region. Negative impacts could include displacement of landowners (addressed through compensation and resettlement, although this is not detailed in the provided text). **9. Conclusion:** This notification represents a crucial step in the land acquisition process for the Eastern Dedicated Freight Corridor project in the Dhanbad district. By declaring the acquisition and vesting of land with the Central Government, it paves the way for the project's implementation. The notification is significant for landowners, the EDFCIL, and the broader railway industry, as it has direct implications for land ownership, infrastructure development, and freight transportation capabilities.

Key Entities Referenced

Railways Act, 1989: A law pertaining to railways, referenced in the context of land acquisition. Eastern Dedicated Freight Corridor: A Special Railway Project for which land is being acquired. Dhanbad, Jharkhand: District and State where the land acquisition for the railway project is taking place. Dainik Jagran: A daily newspaper in which the notification regarding land acquisition was published. The Times of India: A daily newspaper in which the notification regarding land acquisition was published. PANKAJ TYAGI: Executive Director who signed the notification. Ministry of Railways Railway Board: The government entity issuing the notification. New Delhi: Location of the Ministry of Railways Railway Board. Nirsa: Name of Circle where land is being acquired Baliapur: Name of Circle where land is being acquired
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एल.-अ.-30042022-235471 xxxGIDExxx CG-DL-E-30042022-235471 असाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1919] नई दिल्ली, िक्रु वार, अप्रलै 29, 2022/ विै ाख 9, 1944 No. 1919] NEW DELHI, FRIDAY, APRIL 29, 2022/ VAISAKHA 9, 1944 अजधसचू ना नई दिल्ली] 27 अप्रलै ] 2022 का.आ. 2019(अ).—dsUnzh; ljdkj] jsy vf/kfu;e] 1989 ¼1989 dk 24½ ¼ftls blesa blds i'pkr mDr vf/kfu;e dgk x;k gS½ dh /kkjk 20d dh mi/kkjk ¼1½ ds v/khu tkjh] Hkkjr ds jkti=] vlk/kkj.k] Hkkx II] [k.M 3] mi&[k.M ¼ii½] rkjh[k 03 Qjojh] 2022 es a izdkf'kr] Hkkjr ljdkj ds jys ea=ky; ¼jys os cksMZ½ dh vf/klwpuk la[;kad dk- vk- 453¼v½] rkjh[k 01 Qjojh] 2022 ¼ftls bles a blds i'pkr mDr vf/klwpuk dgk x;k gS½] }kjk >kj[k.M jkT; ds /kuckn ftys eas fo'ks"k jsy ifj;kstuk vFkkZr~] bZLVuZ MsfMdsVsM ÝsV dkjs hMksj ds fu"iknu] j[k&j[kko] izca/k vkSj izpkyu ds iz;kstu ds fy, mDr vf/klwpuk ls mikc) vuqlwph es a fofufnZ"V Hkwfe dks] vftZr djus ds vius vk'k; dh ?kks"k.kk dh Fkh( vkSj] mDr vf/klwpuk dk lkj mDr vf/kfu;e dh /kkjk 20d dh mi/kkjk ¼4½ ds v/khu nSfud lekpkj i=ks a vFkkZr~] nfSud tkXkj.k vkSj nh VkbZEl vkWQ bf.M;k] ea s rkjh[k 10 Qjojh] 2022 es a izdkf'kr fd;k x;k Fkk( vkSj] dksbZ vk{ksi izkIr ugha gq, Fks rFkk l{ke izkf/kdkjh }kjk mu ij fopkj fd;k x;k vkSj rn~uqlkj आिेि ikfjr dj fn, x, gSa( vkSj] mDr vf/kfu;e dh /kkjk 20³ dh mi/kkjk ¼1½ ds vuqlj.k es a l{ke izkf/kdkjh us viuh fjiksVZ dsUnzh; ljdkj dks izLrqr dj nh gS( vr% vc dsUnzh; ljdkj] l{ke izkf/kdkjh ls mDr fjiksVZ ds izkIr gksus ij vkSj jys vf/kfu;e] 1989 dh /kkjk 20³ dh mi/kkjk ¼1½ }kjk iznÙk “kfDr;ks a dk iz;ksx djrs gq,] ;g ?kks"k.kk djrh gS fd blls mikc) vuqlwph es a fofufnZ"V Hkwfe iwoksDZ r iz;kstu ds fy, vftZr dh tk,xh( 2973 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] vkSj ;g fd dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 20³ dh mi/kkjk ¼2½ ds vuqlj.k es a ;g ?kks"k.kk djrh gS fd jkti= es a bl vf/klwpuk ds izdkf’kr gksus ij blls mikc) vuqlwph es a fofufnZ"V Hkwfe lHkh foYyaxeks a ls eqDr gksdj dsUnzh; ljdkj es a vkR;afrd :Ik ls fufgr gks tk,xhA (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1 fujlk dqydqM+h@75 4 193 0.1300 0.0526 jS;rh ckbZn fuekbZ pkS/kjh oks ijs'k pkS/kjh oks 'kqHkk"k pkS/kjh firk y[kq pkS/kjh oks udqy pkS/kjh firk ckyd pkS/kjh oks fcuksn pkS/kjh oks gjsu pkS/kjh firk xksfcUn pkS/kjhA 2 fujlk ekM+ek@57 8 758 0.4520 0.1829 jS;rh dukyh /kjuh/kj eMa y oks y[khdkUr eaMy oks lehj eaMy oks jCch eMa y firk vrqy eaMy] vkuUn eaMy firk lqjUs n w eMa yA 3 fujlk ';keiqj@74 86 1565 0.1000 0.0405 jS;rh xksM+k&II jk[kks gfj egrks firk fcey egrksA 4 cfy;kiqj iz/kku[kark@18 69 831 0.5110 0.2068 jS;rh ckbZn Hkksyk eMa y ,oa vU;A [फा. सं. 2022@,y,e,y&II@12@2@bZlh@2304] iadt R;kxh] dk;Zdkjh funs'kd ¼Hkw-,oa lq-½ MINISTRY OF RAILWAYS (RAILWAY BOARD) NOTIFICATION New Delhi, the 27th April, 2022 S.O. 2019(E).—Whereas, by the notification of the Government of India, in the Ministry of Railways (Railway Board), number, S.O. 453(E), dated the 1st February, 2022, published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 3rd February, 2022 (hereinafter referred to as the said notification) under sub-section (1) of section 20A of the Railways Act, 1989 (24 of 1989) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the land specified in the schedule annexed to the said notification for execution, maintenance, management and operation of Special Railway Project namely, Eastern Dedicated Freight Corridor in the district of Dhanbad in the State of Jharkhand; And whereas, the substance of the said notification was published in daily newspapers Dainik Jagran and The Times of India, dated the 10th February, 2022 under sub-section (4) of section 20A of the said Act; And whereas, no objections were received and the same have been considered and accordingly orders have been passed; And whereas, in pursuance of sub-section (1) of section 20E of the said Act the competent authority has submitted its report to the Central Government; Now therefore, upon receipt of the said report of the competent authority and in exercise of the powers conferred by sub-section (1) of section 20E of the Railways Act 1989, the Central Government hereby declares that the lands specified in the schedule annexed hereto shall be acquired for the aforesaid purpose;[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 3 And further, in pursuance of sub-section (2) of section 20E of the said Act, the Central Government hereby declares that on publication of this notification in the official Gazette the land specified in the schedule annexed hereto shall vest absolutely in the Central Government free from all encumbrances. 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 Dhanbad in the State of Jharkhand. DISTRICT: DHANBAD Sl. Name of Name of Khata Plot Area Area Type Nature No. Circle Mauza/ Thana No. No. (in Acre) (in of of Recorded Owner no. Hectare) Land Land (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1 Nirsa Kulkunri/75 4 193 0.1300 0.0526 Raiyati Baid Nimai Choudhri, Paresh Choudhri, Shubhas Choudhri S/o Lakhu Choudhri, Nakul Choudhri S/o Balak Choudhri, Binod Choudhri, Haren Choudhri S/o Gobind Choudhri. 2 Nirsa Marma/57 8 758 0.4520 0.1829 Raiyati Kanali Dharnidhar Mandal, Lakhikant Mandal, Samir Mandal, Rabbi Mandal S/o Atul Mandal, Anand Mandal S/o Surendu Mandal. 3 Nirsa Shyampur/74 86 1565 0.1000 0.0405 Raiyati Baid Rakho Hari Mahato S/o Bimal Mahato. 4 Baliyapur Pradhankhanta/18 69 831 0.5110 0.2068 Raiyati Bayeed Bhola Mandal and Others. [F. No. 2022/LML-II/12/2/EC/2304] 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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