Nafr High Court
Case Details
1 Digitally signed by INDRAJEET SAHU Date: 2025.01.30 13:29:40 +0530 2025:CGHC:5251-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 12 of 2025 1 - In the Matter of Suo Moto Public Interest Litigation Based On News Item Published In Daily News Paper Navbharat, Bilaspur, Mycity, Dated 17.01.2025 The News Items As Follows Railway Ki Dono Sadak Puri Tarah Jarjar, Awagaman Khatare Se Khali Nahi Andekhi- Dhul Bhari Sadak Par Hanf Rahi Jindagi. versus ... Petitioner(s) 1 - Union of India Thorugh The Secretary, Ministry Of Railway, Rail Bhawan, New Delhi. 2 - Government of Chhattisgarh Through Principal Secretary Public Works Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 3 - General Manager South Eastern Central Railway New G.M. Building, Bilaspur Zone, Bilaspur (C.G.) 4 - Assistant General Manager South Eastern Central Railway Bilaspur (C.G.) 5 - Divisional Railway Manager South Eastern Central Railway Bilaspur (C.G.) 6 - Collector Bilaspur, District Bilaspur (C.G.) 7 - Commissioner Municipal Corporation Bilaspur (C.G.) 8 - Chief Engineer Public Works Department, Bilaspur (C.G.) ... Respondent(s) For Respondents : : No.1,3,4&5 : For State For Respondent No.7
Legal Reasoning
Shri Ramakant Mishra, Deputy Solicitor General along with Ms. Shweta Rai, Advocates. Shri Shashank Thakur, Dy. Advocate General. Shri Ashish Tiwari, Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J 2 Order on Board 29.01.2025 Per, Ramesh Sinha, CJ. 1 Suo motu cognizance was taken by this court by way of present Public Interest Litigation on the basis of news item published in Hindi Daily News Paper Nav Bharat, My City, dated 17.01.2025, with a heading अनदेखी धूल भरी सड़क पर हांफ रही िሞ(cid:21)दगी" and sub-heading " " रेलवे की दोंनो सड़क पूरी तरह (cid:21)(cid:21)(cid:28)र, आवागमन खतरे से खाली नहीं". 2 The aforesaid news report goes to show that road adjacent to the Bilaspur Railway Station has become a menace for the people of Bilaspur as its condition is very pathetic. The local people approached the authorities of the Railways, but they have turned deaf ears. Therefore, the commuters on that road as well as the residents living around the road are forced to live amidst dust. It was reported that the road from Gajra Chowk to Sharda Mandir near Bilaspur Railway Station is completely collapsed. The big potholes visible from one end to the other on this road was screaming and telling the story of their plight. Similarly, the other roads in the Railway area are in same condition and the road from Tarbahar gate towards Gajra Chowk is slowly deteriorating. The asphalt has been torn to pieces which is making the journey difficult for the people. These are the only two roads to reach the Railway Station from the rural areas including Sirgitti, but people avoid coming on this route. 3 Besides above, cognizance was also taken by this court on the news item published in Daily News Paper, Haribhoomi, Bilaspur Bhoomi, dated 17.01.2025 with a heading " याቔኌ"यों के लिलए बने स्टेशन में मालगाቔኌड़या", 3 and sub-heading " अधिधक भीड़ होती है प्लेटफाम(cid:28) 2 से 5 तक", regarding inconvenience being caused to the passengers coming on account of Goods Trains being allowed to pass through Platform No.1, due to which there are heavy rush in Platform No.2 to 5. 4 Taking suo motu cognizance on the aforesaid issues, the Divisional Railway Manager, South East Central Railway, Bilaspur, was directed by this court on 17.01.2025 to file his personal affidavit in the matter. 5 In response to said order dated 17.01.2025, an affidavit has been filed by the Divisional Railway Manager, South East Central Railway, Bilaspur, the relevant contents of which is reproduced hereinbelow: “I, Rajmal Khoiwal S/o Shri Ram Prasad Khoiwal, aged about 53 years, presently posted as Divisional Railway Manager, South East Central Railway, Bilaspur, Chhattisgarh do hereby solemnly affirm and state as under -- 1. That, at present I am posted as Divisional Railway Manager, South East Central Railway, Bilaspur, Chhattisgarh. I am acquainted with the facts and circumstances of the present case. रेलवे की दोनों सड़क पूरी तरह (cid:21)(cid:21)(cid:28)र, 2. That, it is most respectfully submitted that vide order dated 17.01.2025, this Hon'ble Court while taking suo moto cognizance in news item namely " आवागमन खतरे से खाली नाही" अनदेखी धूल भारी सड़क पर हाँफ रही दगी" published in the Daily News Paper Nav Bharat, Bilaspur, My City dated 17.01.2025 and news item namely " अधिधक भीड़ होती है याቔኌ"यों के प्लेटफॉम(cid:28) 2 तक published in the Daily News Paper Haribhoomi, Bilaspur Bhoomi, dated 17.01.2025 directed the Respondent No. 05 i.e. Divisional Railway Manager/South East Central Railway/Bilaspur to file his personal affidavit in this matter with respect of the aforesaid news items. लिलए बने स्टेशन मे मालगाቔኌड़याँ" and sub-heading " से 5 3. That, in compliance of the order dated 17.01.2025 passed by the रेलवे की दोनों सड़क पूरी Hon'ble Court, in respect of news item namely " तरह (cid:21)(cid:21)(cid:28)र, धूल भारी सड़क पर हॉफ रही िሞ(cid:21)दगी" published in the Daily News Paper Navbharat, Bilaspur, My City dated 17.01.2025, in regard to road from Sharda mandir to Gajra chowk, the deponent most respectfully submits as under: आवागमन ख़तरे से खाली नाही अनदेखी: (i) That, the estimate has been made and Tender for road construction from Sharda Mandir to Gajra chowk has already been awarded vide LOA No. DRM-ENGG-BSP-T-95-24-25/11093590121290 dated 13.01.2025 for repair of the said road with completion period of 01 year. A copy of LOA dated 13.01.2025 is filed here with and marked as Annexure R/1. (ii) That, the road from Sharda Mandir to Gajra chowk will be completed latest by 31.05.2025 or earlier also. Accordingly, vide letter No. SECR/BSP/ENGG/W/A/T-95/24-25/ Σ.Κ.A. dated 22.01.2025, it has 4 been advised copy of letter dated 22.01.2025 is filed here with and marked as Annexure R/2. 4. That, in compliance of the order dated 17.01.2025 passed by the रेलवे की दोनों सड़क पूरी Hon'ble Court, in respect of news item namely " तरह (cid:21)(cid:21)(cid:28)र, धूल भारी सड़क पर हाँफ रही आवागमन ख़तरे से खाली नाही" िሞ(cid:21)दगी" published in the Daily News Paper Navbharat, Bilaspur, My City dated 17.01.2025, in regard to road from Gajra chowk to Tarbahar Subway, the deponent most respectfully submits as under: अनदेखी : (i) That, the road between Gajra Chowk to Tarbahar Subway will be repaired for traffic movement upto February, 2025. The contract for Major Re-development of Bilaspur Station has been awarded vide LOA No. Gati Shakti/ CPMENGGGSUBSP-26-23-24/00828690111169 dated 26.08.2024 and work is in progress. As per EPC (Engineering Procurement & Construction) contract and scope of work, final construction of said road will be done as per specific design and standard in RFP (Request for proposal) document of the contract upto June, 2025 as it involves modification of base course before execution. A copy of LOA dated 26.08.2024 is filed herewith and marked as Annexure R/3. (ii) That, vide letter No. Dy.CE/GSU/BSP/Major Development/ 255/1049, dated 25.01.2025 it has been advised to the contractor for completion of road work at the earliest possible time without compromising on the quality of the work. A copy of letter dated 25.01- 2.025 is filed here with and marked as Annexure R/4. 5. That, in compliance of the order dated 17.01.2025 passed by the लिलए बने स्टेशन मे Hon'ble Court, in respect of news item namely " मालगाቔኌड़याँ " and sub-heading से 5 तक" published in the Daily news Paper Haribhoomi, Bilaspur Bhoomi dated 17.01.2025, the deponent most respectfully submits as under: अधिधक भीड़ होती है। प्लेटफॉम(cid:28) 2 याቔኌ"यों के (i) That, Bilaspur is a trijunction point where three streams of traffic confluence and diversion remains. The compulsion of trijunction creates multiple criss cross movements in yard. Platform nomination of trains has been done in such a manner that movement of trains across this yard is in accordance with the physical layout so that maximum efficiency in mobility can be achieved. (ii) That, there are two primary movements. UP and DOWN movement of trains between Dadhapara Bilaspur Gatora stations. Dadhapara and Gatora are neighbouring stations of Bilaspur on either side (Dadhapara on Raipur end and Gatora on Raigarh end) on Howrah- Mumbai trunk route. Maximum trains passing through Bilaspur pass through this route. Other route of movement is for trains coming to Bilaspur from Katni direction and going towards Katni direction. A copy of Bilaspur miniature yard plan is filed here with and marked as Annexure R/5. (iii) That, Coaching train Movement between Dadhapara Bilaspur is done through 2 lines, which are called Middle line (Bidirectional in nature) and Down line. Maximum number of trains coming from Dadhapara (Raipur end) to Bilaspur come via middle line. Platform 2 and 3 of Bilaspur station are physically most suitable to receive trains which are coming from Dadhapara in middle line because they create minimum cross movement. Accordingly, platform nomination has been done. If these trains are taken to Platform 1 then train will cross Down line and will affect the trains coming in Down line also. In situation of cross movement no movement on Down line will be possible even though 5 line will be vacant. This will lead to wastage of capacity of movement and will affect mobility in this busy route. (iv) That, Coaching Trains coming from Gatora (Raigarh end) are dealt via platform 3, 4 and 5 because these platforms are most suitable for mobility as per the physical layout of the yard. If theses trains are taken to platform 1 then it will cut across multiple lines and will stop movement in all those lines bringing down efficiency drastically. Coaching trains which come from Katni direction are either terminating or they go towards Gatora from Bilaspur. Terminating trains are handled in terminal platforms that is 6, 7 and 8 and through trains are handled through platform 1 and 2 both. All the platforms are connected through Foot over bridge for access by passengers. (v) That, the yard of Bilaspur handles goods trains and coaching trains both. During coaching train timings nominated platform lines are kept vacant for coaching trains and Goods trains are run via non platform lines during coaching free time Trains are handled through all available lines.” 6 By way of affidavit, it has also been stated by the Divisional Railway Manager, Bilaspur, that tender with respect to aforesaid roads have already been awarded to concerned contractor and construction work of said roads will be completed latest by 31.05.2025. 7 In view of the aforesaid affidavit dated 27.01.2025 filed by the Divisional Railway Manager, South East Central Railway, Bilaspur, the
Decision
present Public Interest Litigation is disposed of with the hope and trust that Railway should complete the aforesaid tasks as assured by him latest by 31.05.2025. Sd/- (Ravindra Kumar Agrawal) Judge Sd/- (Ramesh Sinha) Chief Justice inder