Home India Ministry of Railways Notification under section 20E under the Railways Act, 1989 ...
Date: 2022-06-17 Category: Extra Ordinary State: Union Government Country: India

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

Issued by Ministry of Railways · Railway Board

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Executive Summary & Key Takeaways

## Policy Analysis Report: Land Acquisition for Western Dedicated Freight Corridor (Maharashtra) **1. Executive Summary:** This report analyzes a government notification concerning the acquisition of land in the Palghar district of Maharashtra for the Western Dedicated Freight Corridor project. The notification declares the Central Government's intention to acquire specific land parcels, following procedures outlined in the Railways Act of 1989, and confirms that the land will vest absolutely in the Central Government, free from encumbrances. This report details the rationale, process, affected parties, and potential impacts based solely on the provided notification text. **2. Introduction:** The purpose of this report is to provide an informative analysis of a notification published by the Government of India, Ministry of Railways, regarding land acquisition for the Western Dedicated Freight Corridor project in Maharashtra. This analysis is based solely on the information presented within the provided text of the notification. **3. Policy Overview:** * **Core Objective:** The core objective of this notification is to formally declare the acquisition of specific land parcels in Palghar district, Maharashtra, for the execution, maintenance, management, and operation of the Western Dedicated Freight Corridor. This follows due process under the Railways Act, 1989. **4. Background and Rationale:** This is a notification that finalizes the acquisition of land. The likely issue this policy addresses is the need for land to construct and operate the Western Dedicated Freight Corridor. The text implies that prior notifications were issued, intending to acquire the land and soliciting objections, and these procedures were followed according to the Railways Act. The current notification serves as the final declaration that the land will be acquired. **5. Key Provisions / Changes:** This notification represents the *final step* in acquiring specified land for the Western Dedicated Freight Corridor project. Key provisions derived from the text include: * **Declaration of Acquisition:** The Central Government declares that the lands specified in the attached schedule "shall be acquired for the aforesaid purpose." * **Vesting of Land:** Upon publication of the notification in the Official Gazette, the specified land "shall vest absolutely in the Central Government free from all encumbrances." * **Reference to Prior Notifications:** The notification references prior actions, including a notification dated January 25, 2022, and publication of the intention to acquire the land in local newspapers (The Times of India and Lokmat, both dated February 16, 2022). * **Absence of Objections:** The notification explicitly states that "no objection has been received by the Competent Authority." * **Competent Authority Report:** The Competent Authority submitted its report to the Central Government, as required. * **Land Specification:** A schedule is annexed, providing a "brief description of the land to be acquired," including the district (Palghar), taluka (Dahanu), village (Kasara), survey number (97 Part), nature of the land (Agriculture), type (Private), area (0.1600 hectares), name of the owner (Yezdi Sorbaji Mubarkai), and file number (F. No. 2022LMLII121WC2319). **6. Target Audience and Stakeholders:** Based on the text, the primary target audience and stakeholders directly affected are: * **Landowners:** Specifically, the landowner Yezdi Sorbaji Mubarkai, whose land (survey number 97 Part in Kasara village, Dahanu taluka, Palghar district) is being acquired. * **The Central Government (Ministry of Railways):** As the acquiring entity and the entity responsible for the Western Dedicated Freight Corridor project. * **Competent Authority:** The authority responsible for submitting its report to the Central Government. * **Potentially other interested persons listed** **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Railways (Railway Board) is the responsible agency. A "Competent Authority" is also referenced as having submitted a report to the Central Government, suggesting their involvement in the acquisition process. * **Timelines:** The notification indicates that the land vests in the Central Government upon publication in the Official Gazette. Prior notifications occurred in January and February 2022, indicating a timeline for the acquisition process. The notification indicates that there is a Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi who uploads and publishes the notifications. * **Procedures:** The notification confirms adherence to procedures outlined in the Railways Act, 1989, including notification of intent, consideration of objections (of which there were none), and submission of a report by the Competent Authority. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this notification is the legal and physical acquisition of the specified land by the Central Government for the Western Dedicated Freight Corridor project. The potential impact on the landowner is the loss of their land, presumably with compensation provided according to the Railways Act and prevailing regulations. The positive impact is the furthering of the Western Dedicated Freight Corridor project, intended to improve freight transportation efficiency. **9. Conclusion:** This notification signifies the final step in the land acquisition process for a specific parcel required for the Western Dedicated Freight Corridor in Palghar district, Maharashtra. It demonstrates the Central Government's commitment to the project and adherence to the procedural requirements of the Railways Act, 1989. The notification is a significant step towards the project's realization, impacting landowners and contributing to the broader transportation infrastructure development goals of the nation.

Key Entities Referenced

Railways Act, 1989: An act of the Parliament of India to consolidate and amend the law relating to Railways. Ministry of Railways: The government ministry responsible for the railways of India. Railway Board: The apex body of the Indian Railways, under the Ministry of Railways. Western Dedicated Freight Corridor: A special railway project for the execution, maintenance, management, and operation of a dedicated freight corridor. Palghar, Maharashtra: A district in the state of Maharashtra, India, where the land acquisition is taking place for the Western Dedicated Freight Corridor. The Times of India: A daily local newspaper in which the substance of the notification was published. Lokmat: A daily local newspaper in which the substance of the notification was published. Dahanu: A Taluka in Palghar district, Maharashtra. Kasara: A Village in Palghar district, Maharashtra. PANKAJ TYAGI: Executive Director, Land and Amenities
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रिज(cid:7021)(cid:7069)ी स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-17062022-236670 xxxGIDHxxx CG-DL-E-17062022-236670 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—ख(cid:7003) ड 3—उप-ख(cid:7003)ड (ii) PART II—Section 3—Sub-section (ii) (cid:7079)ािधकार स े(cid:7079)कािशत PUBLISHED BY AUTHORITY स.ं 2664] नई (cid:7408)द(cid:7016)ली, शु(cid:7059)वार, जनू 17, 2022/(cid:6996)य (cid:7020)े ठ 27, 1944 No. 2664] NEW DELHI, FRIDAY, JUNE 17, 2022/JYAISHTHA 27, 1944 ubZ fnYyh] 16 जून, 2022 dsUnzh; ljdkj us jsy vf/kfu;e] 1989 ¼1989 dk 24½ ¼ftls blesa blds i'pkr mDr vf/kfu;e dgk x;k gS½ dh /kkjk 20¼d½ dh mi/kkjk ¼1½ ds v/khu Hkkjr ljdkj ds jys ea=ky; ¼jsyos cksMZ½ dh vf/klpw uk la[;k dk- vk- 411¼v½ rkjh[k 25 tuojh] 2022 }kjk tkjh vkSj Hkkjr ds jkti=] vlk/kkj.k] Hkkx II] [k.M 3] mi[k.M (ii)] rkjh[k 01 Qjojh] 2022 esa izdkf”kr vf/klpw uk ls mikc) vuqlwph esa fofufnZ’V Hkwfe dks] egkjk’Vª jkT; ds iky?kj ftys ea s fo”ks"k jsy ifj;kts uk] vFkkZr~] osLVuZ MsMhdsVsM ÝsV dksjhMksj ds fu’iknu] vuqj{k.k] izc/a ku vkSj izpkyu ds fy, 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 LFkkuh; lekpkj i=ksa] vFkkZr~] **n VkbZELk vkWQ bf.M;k**] rkjh[k 16 Qjojh] 2022 vkSj **yksder**] rkjh[k 16 Qjojh] 2022 dk s izdkf”kr fd;k x;k Fkk( vkSj l{ke izkf/kdkjh }kjk dksbZ vk{kis izkIr ugh a gqvk Fkk( vkSj l{ke izkf/kdkjh u s mDr vf/kfu;e dh /kkjk 20³ dh mi/kkjk ¼1½ ds vuqlj.k ea s viuh fjikVs Z dsUnzh; ljdkj dks lkSia nh gS( vr% vc] dsUnzh; ljdkj] l{ke izkf/kdkjh ls mDr fjiksVZ ds izkIr gkus s ij vkSj mDr vf/kfu;e dh /kkjk 20³ dh mi/kkjk ¼1½ }kjk iznRr “kfDr;ka s dk iz;kxs djr s gq,] ;g ?kk’sk.kk djrh gS fd blls mikc) vuqlqph esa fofufnZ’V Hkfwe iwokZsDr iz;kts u ds fy, vftZr dh tk,xh( 4123 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] ;g vkSj fd dsUnzh; ljdkj] mDr vf/kfu;e dh /kkjk 20³ dh mi/kkjk ¼2½ ds vuqlj.k esa ;g ?kks’k.kk djrh gS dh bl vf/klwpuk ds jkti= esa izdkf”kr gkus s ij blls mikc) vuqlwph ea s fofufnZ’V Hkfwe lHkh foYyaxeksa ls eqDr gkds j dsUnzh; ljdkj esa vkR;fard #i ls fufgr gk s tk,xhA egkjk’Vª jkT; ds iky?kj ftys esa izLrkfor fo”ks"k jsy ifj;kstuk] vFkkZr~] osLVuZ MsMhdsVsM ÝsV dksjhMksj ds fy;s vftZr dh tkus okyh Hkfwe dk] lajpuk lfgr ;k mlds jfgr laf{kIr fooj.kA ftys dk uke% iky?kj 1 Ikky?kj Mgk.kw dlkjk 97 ikVZ [ksrtfeu futh 0-1600 ;>nh lkjs kcth eqckjdkbZ [Qk- la- 2022@,y,e,y& II/12/1/MCY;w lh/2319] iadt R;kxh] dk;Zdkjh funs”kd ¼Hkfwe vkSj lqfo/kk,½a MINISTRY OF RAILWAYS (Railway Board) NOTIFICATION New Delhi, the 16th June, 2022 S.O. 2798(E). —Whereas, by the notification of the Government of India, in the Ministry of Railways (Railway Board), number S.O. 411 (E), dated the 25th January, 2022 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (ii), dated the 1st February, 2022 and issued 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 the Special Railway Project namely, Western Dedicated Freight Corridor in the district of Palghar in the State of Maharashtra; And whereas, the substance of the said notification has been published in the daily local newspapers namely, “The Times of India”, dated the 16th February, 2022 and “Lokmat”, dated the 16th February, 2022 under sub- section (4) of section 20A of the said Act; And whereas, no objection has been received by the Competent Authority; 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 report of the Competent Authority and in exercise of the powers conferred by sub-section (1) of section 20E of the said Act, the Central Government hereby declares that the lands specified in the schedule annexed hereto shall be acquired for the aforesaid purpose; 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.[भाग II—ख(cid:7003) ड 3(ii)] भारत का राजप(cid:7074) : असाधारण 3 SCHEDULE Brief description of the land to be acquired with or without structure for the Special Railway Project namely, Western Dedicated Freight Corridor in the district of Palghar in the State of Maharashtra. Name of the District: Palghar. Serial Name Name Name Survey Nature of Type Area in Name of the land Number of the of of Number land of hectares Owners / Interested District Taluka Village land persons (1) (2) (3) (4) (5) (6) (7) (8) (9) 1 Palghar Dahanu Kasara 97 Part Agriculture Private 0.1600 Yezdi Sorbaji Mubarkai. [F. No. 2022/LML-II/12/1/WC/2319] PANKAJ TYAGI, Executive Director (Land and Amenities) 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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