Central Government Declares Intention to Acquire Land for Sivok-Rangpo New BG Rail Line Project

The Ministry of Railways issued a Notification, S.O. 3803(E), on August 12, 2025, which was subsequently published in the Gazette of India as an Extraordinary Part II—Section 3—Sub-section (ii) on August 19, 2025. This delegated legislation, originating from the N. F. Railway (Construction Organisation) in Maligaon, formally declared the Central Government's intention to acquire specific land parcels. The acquisition is deemed necessary for the execution of a Special Railway project, identified as the Sivok-Rangpo New BG Rail Line, situated within the Kalimpong District of West Bengal. The notification came into force upon its publication in the Official Gazette.

The notification, issued in exercise of powers conferred by sub-section (1) of Section 20A of the Railway Act, 1989 (24 of 1989), confirms the Central Government's satisfaction that the land is required for a public purpose. A brief description of the land intended for acquisition, which may include structures, is detailed in a Schedule annexed to the notification. This Schedule lists various plot/survey numbers within the Kalimpong Khasmahal mouza of Kalimpong Thana, along with their respective areas in hectares. Any person interested in the said land is granted a period of thirty days from the date of publication of this notification in the Official Gazette to raise objections to the proposed acquisition and use of such land for the railway project. Objections must be submitted in writing to the Special Land Acquisition Officer, Kalimpong, West Bengal, who is designated as the competent authority for this process. The competent authority is mandated to provide the objector an opportunity of being heard, either in person or through a legal practitioner, and may conduct further inquiry as deemed necessary. Following this, the authority will issue an order either allowing or disallowing the objections, and any such order made under sub-section (2) of Section 20D of the said Act shall be final. Detailed land plans and other relevant information are available for inspection at the office of the competent authority.

The legislative intent behind this notification is to facilitate the development of critical national infrastructure, specifically a new broad gauge railway line, by initiating the statutory land acquisition process. This action is grounded in the existing statutory framework provided by the Railway Act, 1989, which empowers the Central Government to acquire land for public purposes related to railway projects. The notification addresses the practical necessity of securing land for large-scale public works while ensuring adherence to established legal procedures for acquisition. The legislation provided: “…the Central Government, after being satisfied that for the public purpose, the land, the brief description of which has been given in the Schedule annexed hereto, is required for the execution of the Special Railway project, namely, Sivok-Rangpo New BG Rail Line Kalimpong District in the state of West Bengal, hereby declares its intention to acquire such land”. This declaration serves as the formal commencement of the acquisition, balancing the broader public interest in infrastructure development with the rights of individuals whose land is affected. The provisions for raising objections and the subsequent hearing process are crucial enforcement mechanisms that ensure transparency and due process, allowing affected parties to present their concerns before a final decision is made. This framework introduces specific obligations for the government regarding procedural fairness and provides a defined right for citizens to challenge the proposed acquisition within a statutory period, thereby upholding principles of natural justice within the land acquisition process.

Keywords: Land acquisition, Railway Act 1989, Sivok-Rangpo Rail Line, Kalimpong, West Bengal, Ministry of Railways, Public purpose, Infrastructure, Notification
Geo Tags: India, West Bengal
District: Kalimpong