Central Government Designates Road Over Bridge Project as Special Railway Project for Land Acquisition

The Ministry of Railways (South Central Railway) issued a Notification, S.O. 495(E), on December 12, 2024, which was subsequently published in the Gazette of India on January 27, 2025. This instrument was issued by the Central Government in exercise of the powers conferred by clause (37A) of Section 2 of the Railways Act, 1989. The notification formally designated the construction of a Road Over Bridge (ROB) in place of Level Crossing No. 384 at Kilometer 559/8-10, situated between Nidadavolu and Chigallu stations, as a "Special Railway Project." This designation is specifically for the purpose of acquiring land in the East Godavari district of Andhra Pradesh, aimed at providing national infrastructure for a public purpose. The notification came into force with effect from the date of its publication in the Official Gazette. This measure affects land owners in the specified district and facilitates the Central Government's efforts in railway infrastructure development.

The legislative intent behind this notification is to streamline and expedite the process of land acquisition for critical railway infrastructure projects. By classifying the Road Over Bridge construction as a Special Railway Project, the Central Government leverages specific provisions within the Railways Act, 1989, that are designed to facilitate such acquisitions. This addresses the practical challenges and potential delays associated with land procurement for large-scale public works, ensuring that projects vital for national infrastructure development can proceed efficiently. The earlier legal position, while allowing for land acquisition, might not have provided the specific expedited mechanisms or clarity that the "Special Railway Project" designation offers. The legislation provided: “...Construction of Road Over Bridge in lieu of Level Crossing No. 384 at Km. 559/8-10 between Nidadavolu - Chigallu stations as a Special Railway Project for acquisition of land in the State of Andhra Pradesh in the Districts of East Godavari for providing National Infrastructure for a public purpose...” This designation introduces a specific obligation on the part of the government to acquire land for this project and, conversely, affects the rights of landholders by making their land subject to acquisition for public utility. The enforcement mechanism is inherent in the notification itself, which triggers the legal framework for land acquisition under the Railways Act, 1989, for this designated project, thereby enabling the commencement of the land acquisition process.

Keywords: Railways Act, Special Railway Project, Land Acquisition, Road Over Bridge, Infrastructure, Notification, Central Government, Andhra Pradesh, East Godavari Geo Tags: India, Andhra Pradesh District: East Godavari