NDLI: Nareshbhai Bhagubhai & Ors. Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Railways Act 1989 ss. 20D Hearing of objections Effect of Noncompliance of s. 20D(2)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Railways Act, 1989 (24 of 1989)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Railways Act, 1989: ss. 20D – Hearing of objections – Noncompliance of s. 20D(2) – Effect of – Acquisition of 131 kms of land including 6 kms of land of the appellant for public purpose of construction of a Special Railway Project-Western Dedicated Freight Corridor in District Surat – Plea of the appellant-land owners that no order was passed on the objections raised by them in accordance with s. 20D(2) – Appellant sought quashing of the Notification issued u/s. 20A and declaration issued u/s. 20E – Dismissal of the applications by the High Court – On appeal, held: Limited right given to a land-owner/interested person to file objections, and be granted a personal hearing u/s.20D cannot be reduced to an empty formality, or a mere eye-wash by the Competent Authority – Competent Authority was duty-bound to consider the objections raised by the appellants, and pass a reasoned order reflecting application of mind to the objections raised by the land-owners – On facts, file noting contained in an internal office file, or in the report submitted by the Competent Authority to the Central Government, would not constitute a valid order in the eyes of law – There was no order whatsoever passed rejecting the objections, after the personal hearing was concluded – Competent Authority did not communicate the contents of the file noting to the appellants at any stage of the proceedings – The said file noting recording rejection of the objections only on the ground that the matter pertained to an infrastructure project for public utility, came to light when the matter was pending before the High Court, and the original files were summoned – In any event, the order u/s. 20D(2) cannot be passed prior to the personal hearing – In the absence of an order passed u/s. 20D(2), the subsequent steps taken in the acquisition would get invalidated – However, remaining stretch of land comprising of 125 kms on acquisition, stands vested in the Government and pre-construction activity and earth work has been completed on most parts of the stretch – In order to balance the right of the appellants on the one hand, and the larger public purpose on the other, the appellants to be compensated as per the current market value of the land – Land Acquisition Act, 1894.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 895
Petitioner	Nareshbhai Bhagubhai & Ors.
Respondent	Union Of India & Ors.
SCR	[2019] 10 S.C.R. 88
Judgement Date	2019-08-13
Case Number	6270

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Nareshbhai Bhagubhai & Ors. Vs. Union of India & Ors.

Please Log-in to view this content

Kamukayi & Ors. Vs. Union of India and Ors.

Bharat Iron Works Vs. Bhagubhai Balubhai Patel & Ors.

Ardhendu Kumar Das Vs. The State of Odisha and Ors.

Kanimozhi Karunanidhi Vs. A. Santhana Kumar & Ors

Nagaraj Vs. Union of India

M/s. Godavari Finance Co. Vs. Degala Satyanarayanamma & Ors.

State of Rajasthan Vs. Roshan Khan & Ors.

S. Satnam Singh & Ors. Vs. Surender Kaur & Anr.

Lachmi Narain Etc. Etc. Vs. Union of India & Ors.

Nareshbhai Bhagubhai & Ors. Vs. Union of India & Ors.

Nareshbhai Bhagubhai & Ors. Vs. Union of India & Ors.

Please Log-in to view this content

Similar Documents

Kamukayi & Ors. Vs. Union of India and Ors.

Bharat Iron Works Vs. Bhagubhai Balubhai Patel & Ors.

Ardhendu Kumar Das Vs. The State of Odisha and Ors.

Kanimozhi Karunanidhi Vs. A. Santhana Kumar & Ors

Nagaraj Vs. Union of India

M/s. Godavari Finance Co. Vs. Degala Satyanarayanamma & Ors.

State of Rajasthan Vs. Roshan Khan & Ors.

S. Satnam Singh & Ors. Vs. Surender Kaur & Anr.

Lachmi Narain Etc. Etc. Vs. Union of India & Ors.

Nareshbhai Bhagubhai & Ors. Vs. Union of India & Ors.