Central Government Declares Intent to Acquire Land for Nagda-Kota Railway Project in Jhalawar

The Ministry of Railways, through its West Central Railway division, issued a Notification, S.O. 766(E), on February 13, 2025, declaring its intention to acquire land for a Special Railway Project. This notification, published in the Gazette of India, signifies the Central Government's move to secure necessary land parcels for the construction of a Road Over Bridge on LC No. 28 within the Nagda - Kota section in Jhalawar District, Rajasthan. The action was taken in exercise of powers conferred by sub-section (I) of section 20A of the Railways Act, 1989 (Act 24 of 1989), after the government was satisfied that the land was required for a public purpose.

The notification detailed the specific land to be acquired, providing a brief description in an annexed schedule. This schedule listed various survey numbers, types of land (including Government and Private Agriculture land), nature of land (such as Gai.mu. Chah, Banjar, Agriculture, Gai.mu.Rasta), and their respective areas in hectares, all located in Kitiya village, Gangdhar Taluka, Jhalawar District. Affected persons interested in the said land were granted a period of thirty days from the date of the notification's publication in the Official Gazette to raise objections to the acquisition and use of such land. Objections were to be made in writing to the competent authority, identified as the Sub Divisional Officer, Gangdhar, District Jhalawar, and were required to set out the grounds for the objection.

The process for addressing objections stipulated that the competent authority would provide the objector an opportunity of being heard, either in person or through a legal practitioner. Following the hearing of all objections and any further necessary inquiry, the competent authority was empowered to either allow or disallow the objections by order. Any order issued by the competent authority under sub-section (II) of section 20D of the Railways Act, 1989, was declared final. Furthermore, the land plans and other details pertaining to the land covered under this notification were made available for inspection by interested persons at the office of the competent authority. The notification came into force upon its publication in the Official Gazette on February 13, 2025.

The legislative intent behind this notification is to facilitate crucial infrastructure development, specifically a Special Railway Project, which includes the construction of a Road Over Bridge. This aligns with the policy rationale of utilizing statutory provisions under the Railways Act, 1989, to acquire land deemed essential for public works. The Railways Act, 1989, provides the legal framework for such acquisitions, ensuring that while land is acquired for public benefit, due process is followed, including opportunities for affected parties to voice their concerns. The legislation provided: “...the Central Government after being satisfied that for the public purpose, the land, the brief description of which has given in the schedule annexed hereto, is required for execution of the Special Railway Project, namely, Nagda - Kota section in Jhalawar District Construction of Road Over Bridge on LC No. 28 Project in District Jhalawar in the State of Rajasthan, hereby declares its intention to acquire such land...” This declaration underscores the government's commitment to advancing railway infrastructure projects. The established procedure for objections, including the right to be heard and the finality of the competent authority's decision, serves as a mechanism to balance public interest with the rights of individual landowners, ensuring transparency and a structured approach to land acquisition for national development projects.

Keywords: Land Acquisition, Railway Project, Jhalawar, Rajasthan, Railways Act 1989, Notification, Road Over Bridge, Public Purpose, West Central Railway

Geo Tags: India, Rajasthan
District: Jhalawar