Home India Ministry of Railways Publication and Notification in Gazette....
Date: 2021-12-08 Category: Extra Ordinary State: Union Government Country: India

Publication and Notification in Gazette.

Issued by Ministry of Railways · Construction Department

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Executive Summary & Key Takeaways

## Policy Analysis Report: Withdrawal of Land Acquisition for Railway Construction in Goa **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Railways, South Western Railway Construction Organisation, published on December 8, 2021. The notification announces the withdrawal of previously initiated land acquisition proceedings for railway construction in specific locations in Goa. This withdrawal is due to the land already being acquired under the Goa government's policy aligned with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, through direct procurement by the District Collector of South Goa. This report outlines the policy's context, rationale, and implications based solely on the provided text. **2. Introduction:** The purpose of this report is to provide an informative analysis of a notification (S.O. 5067(E)) issued by the Ministry of Railways, South Western Railway Construction Organisation, regarding the withdrawal of land acquisition for railway construction in Goa. This analysis is based solely on the information presented within the provided policy text. **3. Policy Overview:** This is an **amendment** to previous notifications regarding land acquisition. * **Original Policy Being Amended:** This notification amends prior actions taken under the Railway Act, 1989, specifically Section 20A(1) and Section 20E, as indicated by the withdrawal of notifications S.O. 1042(E) dated 04th March 2020 and S.O. 2162(E) dated 31st May 2021. * **Core Objective(s) (as inferred from the text):** The core objective of the *initial* policy was to acquire land for railway construction. The objective of *this amendment* is to formally withdraw the Railway’s acquisition process for lands already acquired under another legal framework. This suggests an overall objective of efficient and legally sound land procurement for public infrastructure projects. **4. Background and Rationale:** This amendment is likely prompted by the duplication of land acquisition efforts. The initial land acquisition process initiated by the Ministry of Railways under the Railway Act, 1989, became redundant because the same land was already acquired by the Goa government through direct procurement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Goa's Policy). This amendment streamlines the process by withdrawing the Railway’s acquisition, avoiding double acquisition and potential legal complications. **5. Key Provisions / Changes:** This notification functions as an **amendment** withdrawing previous land acquisition notifications. * **Specific Part of the Original Policy Being Changed:** This amendment *effectively reverses* the intent of the earlier notifications (S.O. 1042(E) and S.O. 2162(E)) which initiated and declared the land acquisition under the Railway Act. The geographical scope of this reversal is limited to the specific land parcels detailed in the provided schedule. * **New Rule/Provision:** The *new* rule is that the land acquisition process initiated by the Ministry of Railways is formally *withdrawn* for the specific land parcels listed in the schedule. This withdrawal is conditional on the land already being acquired under the Goa Government’s Policy. * **Difference/Effect of this Change:** The key effect of this change is to nullify the prior Railway Act based acquisition process for the identified lands. This prevents a duplicate acquisition process, likely simplifying land ownership transfer and project commencement. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders are: * **Landowners:** Landowners of the properties listed in the schedule are directly affected, as the Railway acquisition process is ceased on their land. * **Ministry of Railways and South Western Railway Construction Organisation:** They are responsible for executing the amendment and coordinating with the Goa government. * **Goa Government (Specifically the District Collector of South Goa):** They are responsible for the successful acquisition of the land under the state's policy. * **Construction Companies/Contractors:** This benefits these groups because it streamlines land procurement making the project timelines clear. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Railways, South Western Railway Construction Organisation is responsible for formally withdrawing the land acquisition process. The District Collector of South Goa is responsible for ensuring the land has been acquired under the Goa Government's policy. * **Timelines or Procedures:** The notification is effective immediately from the date of publication (December 8, 2021). The implementation likely involves internal communication within the Ministry of Railways and formal documentation of the withdrawal. No further procedures are explicitly stated in the text. The schedule provided lists the survey numbers and areas (in square meters) of the land parcels affected by the withdrawal, ensuring clarity and precision in the implementation. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is: * **Streamlined Land Acquisition:** Avoidance of redundant acquisition efforts, reducing administrative burden. * **Legal Clarity:** Reduction in potential legal challenges arising from multiple acquisition processes. * **Expedited Project Commencement:** Facilitation of quicker project commencement by resolving land acquisition issues. * **Adherence to State Policies:** Demonstrates coordination and adherence to the state's land acquisition policies. **9. Conclusion:** The notification S.O. 5067(E) signifies a pragmatic approach to land acquisition for railway construction in Goa. By withdrawing redundant acquisition proceedings, the Ministry of Railways streamlines the process, ensures legal compliance, and potentially accelerates the commencement of the railway project. This amendment underscores the importance of inter-agency coordination and adherence to local land acquisition policies for efficient infrastructure development. The success of this amendment hinges on effective communication and collaboration between the Ministry of Railways and the Goa Government.

Key Entities Referenced

Ministry of Railways: The government ministry responsible for railways in India. South Western Railway Construction Organisation: A construction organisation under the Ministry of Railways. Bengaluru, Karnataka: City in Karnataka, India, where the notification was issued and the location of the South Western Railway Construction Organisation. Railway Act, 1989: An Indian law pertaining to railways, specifically mentioned in the context of land acquisition. Goa Governments Policy on Procurement of land under RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013: A policy of the Goa government concerning land procurement, referencing the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013. South Goa: A district in the state of Goa, India where the District Collector is mentioned. Calem: Village in Goa, India. Sanguem: Taluka in Goa, India. Sanvordem: Village in Goa, India. Cuchorem: Village in Goa, India. Quepem: Taluka in Goa, India. Guirdolim: Village in Goa, India. Salcete: Taluka in Goa, India. Majorda: Village in Goa, India. P. MOHANAN: Dy. Chief Engineer General Nodal Officer Construction, Bengaluru Cant. New Delhi: Location of Dte. of Printing at Government of India Press. Delhi: Location of Controller of Publications.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-के.ए.-अ.-08122021-231707 xxxGIDHxxx CG-KA-E-08122021-231707 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.ं 4693] िई ददल्ली, बुधवार, ददसम्बर 8, 2021/अग्रहायण 17, 1943 No. 4693] NEW DELHI, WEDNESDAY, DECEMBER 8, 2021/AGRAHAYANA 17, 1943 रेल मंत्रालय [दजिण पजिम रेलव े(जिमाणा सगं ठि)] अजधसचू िा बेंगलरुु , 8 ददसम् बर 2021 का.आ 5067(अ).—रेल मंत्रालय, भारत सरकार, एतद्द्वारा िीचे दी गई अिुसूची म ें जिर्दष्टा भूजम, जिसके संबंध म ें का.आ. 1042 (अ) ददिांक 04 माच ा 2020 को रेलवे अजधजियम, 1989 की धारा 20 ए (1) के तहत िारी दकया गया था और भारत के रािपत्र ददिांक 12/03/2020 म ें प्रकाजित दकया गया था और बाद म ें अजधसचू िा एस.ओ. 2162(ई) ददिांक 31/05/2021 ददिांक 04/06/2021 के भारत के रािपत्र म ें प्रकाजित भूजम को प्रत्याह्रत करता ह ै कारण अिुसूजचत म ें इंजगत भूजम पहल े स े ही उजचत मुआविे और पारदर्िता ा के अजधकार के तहत भूजम की खरीद पर गोवा सरकार की िीजत अजधग्रहण, पुिवाास और पुिवाास अजधजियम, 2013 के तहत अजधग्रजहत की िा चुकी ह।ै अिसु चू ी कम ित्रे फल ग्राम का िाम तालकू ा प्लाट सख्ं या सख्ं या (हक्े टेयर म)ें 1 2 3 4 6 1 151/0 1819 कालेम सांगेम 2 152/1 123 7116 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] कुल 1942 3 64/3 120 सावोडेम 4 82/5(p) 210 कुल 330 5 69/1(p) 100 6 69/2(p) 375 कुचोरेम केपेम 7 69/3(p) 45 8 69/5(p) 282 कुल 802 9 जगदोजलम 273/2(p) 800 कुल 800 10 109/3(p) 275 सालसेथ 11 110/4(p) 845 मािोडाा 12 110/8(p) 50 13 114/15(p) 65 कुल 1235 5109 कुलयोग [फा. स.ं 271/जि/बें छा/2018-19/ भूजम /1219/2] पी. मोहिि, उप मुख्य अजभयंता (िोडल अजधकारी) (जिमााण), बेंगलूरू MINISTRY OF RAILWAYS [SOUTH WESTERN RAILWAY (CONSTRUCTION ORGANISATION] NOTIFICATION Bengaluru, the 8th December, 2021 S.O. 5067(E).—The Ministry of Railway, Govt. of India, hereby withdraws from acquisition, the lands specified in the Schedule below, in respect of which Notification vide S.O. 1042 (E) dated 04th March 2020 was issued under Section 20A (1) of Railway Act, 1989 and published in Gazette of India dated 12/03/2020 and subsequent declaration under Section 20E of the Act vide notification S.O. 2162(E) dated 31/05/2021 published in the Gazette of India dated 04/06/2021, as the lands indicated in the Scheduled have already been acquired under the Goa Government’s Policy on Procurement of land under RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 for Direct Procurement of land to set up public purpose projects on priority basis by the District Collector of South-Goa. SCHEDULE Sr. No. Village Taluka Survey No. Area in sq. mts 1 2 3 4 5 1 151/0 1819 Calem 2 152/1 123 TOTAL 1942 Sanguem 3 64/3 120 Sanvordem 4 82/5(p) 210 TOTAL 330 5 Cuchorem Quepem 69/1(p) 100[भाग II—खण् ड 3(ii)] भारत का रािपत्र : असाधारण 3 6 69/2(p) 375 7 69/3(p) 45 8 69/5(p) 282 TOTAL 802 9 Guirdolim 273/2(p) 800 TOTAL 800 10 109/3(p) 275 Salcete 11 110/4(p) 845 Majorda 12 110/8(p) 50 13 114/15(p) 65 TOTAL 1235 GRAND TOTAL 5109 [F. No. 271/CN/BNC/2018-19/Land/1219/2] P. MOHANAN, Dy. Chief Engineer General (Nodal Officer) (Construction), Bengaluru Cant. 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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