Ministry of Railways Notifies Intent to Acquire Land for Road Over Bridge Project in Karnataka

The Ministry of Railways issued a Notification, S.O. 886(E), on February 19, 2025, declaring its intention to acquire specific land parcels for a Special Railway Project in Karnataka. This delegated legislation, published in the Official Gazette, came into force upon its publication. The Central Government, exercising powers conferred by sub-Section (1) of Section 20A of the Railway Act, 1989 (Act 24 of 1989), determined that the land was required for a public purpose, specifically for the construction of a 2-lane Road Over Bridge (ROB) in place of Level Crossing No. 18 at Navalgund Road - Annigeri, within Annigere Village, Karnataka. The notification provides a detailed schedule of the land to be acquired, encompassing various survey numbers and plot numbers in Annigere Village, totaling 0.5889 hectares. Interested persons were granted a period of thirty days from the date of the notification's publication to raise objections to the proposed acquisition and use of the land. Such objections must be submitted in writing to the designated competent authority, identified as the Incharge Land Acquisition Officer Assistant Commissioner, Dharwad, and Regional Commissioner, Belgavi, for the specified project. The competent authority is mandated to provide the objector an opportunity of being heard, either in person or through a legal practitioner, and may, after due inquiry, issue an order either allowing or disallowing the objections. Any order passed by the competent authority under sub-section (2) of Section 20D of the said Act is stipulated to be final. Further, the notification informed the public that land plans and other relevant details are available for inspection at the competent authority's office.

The legislative intent behind this notification is to facilitate the timely execution of critical railway infrastructure projects deemed essential for public welfare. The policy rationale underscores the government's commitment to modernizing and enhancing the safety of the railway network. By replacing a level crossing with a Road Over Bridge, the project aims to mitigate traffic congestion, reduce the risk of accidents at railway crossings, and ensure smoother movement of both rail and road traffic. The Railway Act, 1989, provides the statutory framework for such land acquisitions, ensuring that while land is acquired for public purposes, due process is followed, and affected parties have a mechanism to voice their concerns. This notification operationalizes these provisions for a specific project, addressing the practical need for land to implement the infrastructure upgrade. 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, Construction of 2 lane ROB in lieu of LC No. 18 at Navalgund Road - Annigeri Ch: 34/700-800 (Annigere Village), in the State of Karnataka, hereby declares its intention to acquire such land”. This declaration initiates the formal process of land acquisition, ensuring that the project can proceed while also safeguarding the rights of landowners through the objection and hearing mechanism. The notification does not introduce new rights or obligations beyond those already enshrined in the Railway Act, 1989, but rather applies the existing legal framework to a specific instance of public infrastructure development.

Keywords: Railway Act 1989, Land Acquisition, Road Over Bridge, Ministry of Railways, Karnataka, Annigere Village, Public Purpose, Infrastructure Project, Official Gazette, Objections

Geo Tags: India, Karnataka
District: Dharwad, Belgavi