Madhya Pradesh High Court
Gopal Patidar vs Union Of India on 9 November, 2017
1
W.P. No.1768/2017 Gopal Patidar & Ors. vs. Union of India)
W.P. No.1768/2017
(Gopal Patidar & Ors. vs. Union of India)
Indore, Dated: 09/11/2017
None for the petitioners.
Shri Mayank Dwivedi, learned counsel for
respondents No.2 & 4.
Shri Manoj Dwivedi, learned Additional Advocate
General for the respondents No. 3/State.
Shri Padmanabh Saxena, learned counsel for the
petitioners has made a Statement at Bar that he has no
instruction on behalf of the petitioners.
Heard.
ORDER
By this Public Interest Litigation, under Article No.226 of the Constitution of India, the petitioners are praying for issuance of necessary directions to the respondents not to shift the Railway Over Bridge (ROB.) from railway crossing 60B, 574/26-28 to 575/13-24 over the railway line at Maghnagar Industrial Area.
According to the petitioners, earlier construction of ROB was finalised over Railway Crossing 60B at railway crossing KM 575/13-14 and tenders were invited for construction of the ROB. Later on, on the basis of representation made by the MLA of Vidhan Sabha Area No.194, Thandla to the State Government and other post holders of Bhartiya Janata Parta, the Tehsildar, Meghnagar, 2 W.P. No.1768/2017 Gopal Patidar & Ors. vs. Union of India) on 30/12/2016 submitted its report to the Sub-Divisional Officer (Revenue), Meghnagar, Jhabua for change of ROB pole NO.574/26-28 to 575/13-14. An argument was advanced on behalf of the petitioners that it is politically motivated in the interest of industrialist of the area and once the decision has been taken by competent authority, then shifting of ROB is against the interest of villagers and locality of Meghnagar and is not permissible. Considering the aforesaid, we have issued show cause notice to the respondents.
Detailed reply has been filed by the respondents No. 2 & 4. In para 2 of the reply, they have pointed out as to why the location has been changed. Para-2 of the reply dated 12/07/2017 reads as under:
"That, there after on representation of local residents, the collector Jhabua, after conducting a detailed enquiry and suggested vide its letter dated 14/07/2016 to railway administration to change the location of ROB from Km 574/26-28 to 575/8-10 due to following reasons:
(a) That, presently gate No.60-B is being used by the local residents for commuting and if the proposed location is used to built ROB then it will adversely affect near about 100 residential houses and almost 50 shops and which will be derogatory for the local residents and the ROB will be surrounded by abadi area towards south west of Dahod (Gujrat).
(b) That, if ROB is built across gate No.60-B then the length of the bridge will be 862 mtrs which would require building of service roads at different sites and same will 3 W.P. No.1768/2017 Gopal Patidar & Ors. vs. Union of India) adversely affect the livelihood of local residents.
(c) That, if the proposal of ROB at 575/8-10 is allowed, which is half kilo meters away from gate no.60-B, then there are no residential houses and shops in that area so no negative effect on local population. The copy of letter is annexed herewith as R/2"
The Sub-Divisional Officer (Revenue), Meghnagar, Jhabua also filed a detailed reply and pointed out to the decision as to why the location has been changed.
It is the stand of the respondent No.3/State that residential houses and shops will not be affected and length of the ROB will be shortened by 252 meters, consequently, there will be saving of Government funds and the public at large may not suffer.
On due consideration of the reply filed by Union of India as well as by respondent No.3/State and respondents No.2 &4, this Court is of the opinion that the decision taken by the Authority in respect of change is in larger public Sumati interest of the locality of Meghnagar and in larger public Jagadeesan interest the writ petition filed by the petitioner has no merit and is accordingly, dismissed with no cost.Digitally signed by Sumati Jagadeesan
DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=c924c30fdbbbe5bd3576e03ddd 1b95d94f157e8aec842e0acdbeed50df878 56b, cn=Sumati Jagadeesan Date: 2017.11.14 12:25:11 +05'30' (P.K. Jaiswal) (Ved Prakash Sharma) Judge Judge sumathi