WPC/6651/2025 of DANISH RAFIQUE Vs MINISTRY OF RAILWAY on 20 September 2026

1. By way of this petition, the petitioner has prayed for following reliefs:- 10.1 That this Hon'ble Court may kindly be pleased to direct the respondent to implement the land lease agreement (Annexure P/5) as per the terms and conditions of this agreement. 10.2 That this Hon'ble Court may kindly be kind be pleased to directed the respondent implement the land lease agreement as per the policy applicable in case of the petitioner. 10.3 Any other relief(s)/order(s)/direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice

2. Learned counsel for the petitioner submits that the online application submitted by the petitioner for grant of lease of the land mentioned therein was duly accepted by the respondent authorities. Thereafter, the authorities calculated the requisite charges/amount payable by the petitioner, and the land lease agreement was also forwarded to him for execution. However, despite completion of the aforesaid formalities, the lease agreement has not been executed till date. She further submits that as per the applicable policy, the Railway is required to grant the land lease/license within a period of 90 days from the date of registration of the application on the online portal. It is submitted that, in several other cases, the Railway has already granted leases to persons who had applied for the same; however, in the present case, despite registration of the petitioner's application on 07.04.2024, the lease has not yet been granted in his favour. Being aggrieved by the inaction on the part of the respondent authorities, the petitioner has been constrained to file the present petition. She relies upon policy for management of railway land while para 3.4.3 which speaks as under:- “3.4.3. Railway shall ensure to accord grant of land lease/license of cases within 90 days from the date of registration on the online portal.”

3. On the other hand, learned counsel appearing for the respondents submits that the respondents shall comply with the conditions prescribed under Para 3.4.3 of the Policy for Management of Railway Land. He does not dispute that, under the said provision, the Railway is required to accord the grant of land lease/license within a period of 90 days from the date of registration of the application on the online portal. He further submits that, if the petitioner submits a proper application along with the requisite documents, the same shall be considered and decided by the competent authority in accordance with the applicable policy and law.

4. I have heard learned counsel for the parties and having perused the material available on record.

5. Having heard learned counsel for the parties and considering the submissions made by learned counsel for the respondents that the respondents shall abide by the provisions contained in Para 3.4.3 of the Policy for Management of Railway Land, which provides that the grant of land lease/license shall be accorded within 90 days from the date of registration on the online portal, this petition is disposed of with a direction to the respondents to consider and decide the petitioner's application for grant of land lease/license in accordance with the applicable policy and within the stipulated period, if the petitioner is otherwise eligible and all the requisite formalities have been duly completed. It is further directed that, in case the petitioner submits a fresh representation along with all relevant documents, the competent authority shall consider and decide the same in accordance with law and communicate the decision to the petitioner at the earliest preferably within a period of 30 days from the date of receipt of copy of this order.

6. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay