Bhopal: "Farmer’s Land Acquisition Should Be Done Under 'Railway Act 1989' By Railway And Not Under Land Acquisition Act-2013 Of State Govt" - High Court

Bhopal (Madhya Pradesh): Madhya Pradesh High Court principal bench in Jabalpur has issued notice to state government and Railway over land acquisition of a farmer.

The court of Justice GS Ahluwalia issued the notice directing the concerned authorities to submit a reply within three weeks.

The court was hearing a petition of a farmer who challenged the land tribunal proceedings by the Railways stating that the entire land acquisition proceedings was to be carried out under the 'Railway Act 1989' however, the land acquisition proceedings were done as per Land Acquisition, Reforms and Rehabilitation Act 2013' of the state government.

Advocate  Narinderpal Singh Ruprah who appeared on behalf of petitioner, said, “The process of Land Acquisition 2013 Act will not be applicable in land acquisition by Railways.

A separate competent authority should be appointed to acquire land for the Railways as per Section 20P of the Railway Act, which was not done and the entire action was taken by the Revenue Officers of Madhya Pradesh who do not have the right to do all this.” Advocate further said,  “The petitioner also states that the action taken by the District Heads and Revenue Sub-Divisional Officers is void due to lack of authority. The criteria for determining compensation for acquiring land for railways will be as per the 2013 Act, but its implementation will be done by the competent authority under the Railways Act 1989, which has not been appointed.”