Judgment · High Court · 2008

Heard Mr. B.G. Kulkarni, the learned Counsel for the petitioners, who have moved this Public Interest Litigation Petition seeking directions to the State Govt., Railway Authorities to take timely steps to widen the bridge over the Chhindwara narrow gauge line and located at Old Kamptee-Kalmana Road.

Affidavits-in-Reply have been filed by the respondent no.2 as well as respondent no.3,

and there is no dispute that the subject bridge is required to be widened for the public safety, 2 to avoid any untoward incident resulting into a major mishap. However, the State Govt., and the Railways appear to be at loggerheads as to who should take the responsibility of widening the bridge.

In his Affidavit, the respondent no.3 has stated that the Railways would undertake the widening the bridge, provided the State Govt., is willing to bear the financial burden in terms of Section 19 (2) Indian Railways Act,

1989. The respondent no.3, therefore, states that the required funds are to be provided by the State Govt.

On the other hand, the Affidavit-in- Reply filed by respondent no.2 states that it is entirely responsibility Indian Railways to widen the bridge and to provide for the funds required for the same.

Our attention has been invited to the provisions of Section 19 (3) of the Railways Act, 1989. The said provision reads as under :- In Govt., administration “19 (3) - difference of opinion between the railway State Local Authority, as the case may be, over any of the matters mentioned in Sub-section Govt., referred final.” decision Central (1), thereon 3

It is, therefore, necessary that the Central Govt. intervenes in the matter and sorts out the differences between the State Govt., on one hand and the South-East Central Railways on the other.

We also direct the Principal Secretary, Public Works Department, Govt. of Maharashtra, Mantralaya, Mumbai, to take up the subject issue with the Ministry of Railways at the earliest possible, so that the widening of the bridge concerned is taken up expeditiously.

At the same time, the respondent no.4 may take preventive steps to divert the traffic during peak hours as per the proposal sent by the Senior Police Inspector [Traffic Branch], North Nagpur.

We, therefore, direct Registrar [Judicial} to forward a copy of this order to the Secretary, Ministry of Railways, Govt. of India, New Delhi, forthwith.