Kerala High Court
The Divisional Manager vs The Union Of India on 30 March, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 38688 OF 2022
PETITIONER:
THE DIVISIONAL MANAGER,
FOOD CORPORATION OF INDIA DIVISIONAL OFFICE , KOLLAM.
641001.
BY ADV JOSE KURIAKOSE (VILANGATTIL)
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS NEW DELHI - 110001.
2 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM -695001.
3 THE DISTRICT COLLECTOR,
KOLLAM CIVIL STATION , KOLLAM 691013.
4 THE DEPUTY COLLECTOR(LAND ACQUISITION),
KOLLAM CIVIL STATION, KOLLAM-691013.
5 THE GENERAL MANAGER,
KERALA RAIL DEVELOPMENT CORPORATION 5TH FLOOR, TRANS
TOWER, VAZHUTHAKAD, THIRUVANANTHAPURAM-695014.
6 THE ASSISTANT MANAGER,
KERALA RAIL DEVELOPMENT CORPORATION LTD. DHANUSH HOUSE,
PURUSHU MENON ROAD, OPP.ERNAKULAM SOUTH RAILWAY
STATION, EASTERN ENTRY, KOCHI-682016.
7 ADDL.R7:THE DIRECTOR,
KSCSTTE, NATIONAL TRANSPORTATION PLANNING AND RESEARCH
CENTRE, K.KARUNAKARAN TRANSPARK, AKKULAM, THURUVIKKAL
P.O., THIRUVANANTHAPURAM-695 001 (IS SUO MOTU IMPLEADED
AS PER ORDER DATED 03-02-2023)
BY ADVS.MANU S., DSG OF INDIA
SRI.A.DINESH RAO, SC, RAILWAYS
W.P.(C)No.38688/2022 2
Riji Rajendran
OTHER PRESENT:
SRI BIMAL K NATH SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.38688/2022 3
JUDGMENT
The petitioner, Food Corporation of India had approached this Court raising a grievance that the proposed alignment of the railway over bridge at Karunagappally is likely to affect the property of the petitioner as also the functioning of the Karunagappally Depot of the Food Corporation of India. By an interim order dated 3.2.2023, this Court had passed the following order:-
Having heard the learned counsel appearing for the petitioner, learned counsel appearing for respondent Nos.5 and 6 and the learned Senior Government Pleader appearing for the official respondents, the Director, KSCSTE, National Transportation Planning and Research Centre, K.Karunakaran Transpark, Akkulam, Thuruvikkal P.O., Thiruvananthapuram-695 001, is suo motu impleaded as the additional 7 th respondent to the writ petition.
2. Issue notice by speed post to the additional 7 th respondent.
3. The petitioner shall appear before the additional 7 th respondent at 11.00 A.M on 08.02.2023 with an alternative proposal for the proposed Karunagappally over-bridge. If the petitioner submits a proposal as above, the additional 7 th respondent shall consider the present alignment proposed and file a report before this Court as to whether the alignment proposed by the petitioner is feasible. The additional 7 th respondent shall endeavour to file a report as directed above, within a period of two weeks from 08.02.2023. Any cost of conducting any study by the additional 7 th respondent shall be met by the petitioner.
Interim order extended by three weeks. Post after a month.
Pursuant to the interim order, the additional 7 th respondent has filed a report dated 21.2.2023 wherein paragraph 7 (page-12) it is stated as follows:-
"7. SUMMARY As per the direction of the Honourable High Court of Kerala, W.P.(C)No.38688/2022 4 KSCSTE-NATPAC has studied the technical feasibility of shifting the ROB alignment proposed by KRDCL at the Railway LC No.53. Separate meetings were carried out with the representatives of KRDCL and FCI for examining the related aspects. Subsequently, the study team visited the site in the presence of the petitioners and the respondents. FCI authorities were more concerned about the accessibility to the depot, partial/full dismantling of some of their existing structures, and safety issues to their campus leading to a disruption in the proper functioning of FCL. After studying the DPR submitted by KRDCL and the subsequent field visit, it was found that accessibility to FCI entrance is ensured in the proposal. It was stated that the projection of the deck slab inside FCI premises is a safety issue and KRDCL agreed to provide fencing on ROB on the FCI side and other necessary measures to avoid the safety threats. As per the DPR, the structures inside FCI premises will not get affected. However, during the construction stage, there are chances of the security cabin being affected. KRDCL shall ensure necessary precautionary measures to avoid the same. Based on the field visit, it was found that the constraints raised by FCI in relation to the proposed ROB, were not technically evident to propose for realigning the present ROB alignment. It was also observed that the present L.A plan is prepared considering minimal land acquisition from the FCI premises. The only technical concern observed by KSCSTE -NATPAC with reference to the proposed ROB is that the access for traffic movement from FCI to enter the ROB is not properly addressed. The vehicle bound to the eastern side from FCI needs to take a sharp U-turn at the starting portion of ROB to travel on it. But it is not possible for a heavy vehicle to take a sharp U-turn at that approach location due to the minimal width provided for the service road and it necessitates for an additional land acquisition to be done at the southern side of the ROB entry portion. The necessary measures to ensure the maneuverability of FCI vehicles to ROB need to be provided/designed by the KRDCL.
Realigning the ROB by shifting the alignment from the FCI side to the southern side by 2.4m is technically feasible but the financial and social implications of the realignment are higher. Hence, considering the additional social impact, cost factor and procedural delay that may occur due to the option suggested by FCI, it is recommended that the existing ROB alignment proposed by KRDCL may be implemented by taking into account the following points.
1. Ensuring the accessibility for FCI-bounded vehicles to use the ROB by providing a sufficient turning radius in the ROB entry point on the west side with the additional land acquisition, if necessary, thereby not affecting the traffic flow in the proposed ROB.
2. Provision of raised fencing along with the ROB on the W.P.(C)No.38688/2022 5 FCI side to ensure the safety of FCI.
3. Any structure of FCI affected during the construction stage shall be reconstructed in the same location at the cost of KRDCL."
The learned counsel appearing for respondents 5 and 6 (implementing agency) would submit that the suggestions made by the NATPAC are being accepted by respondents 5 and 6 and suitable changes as per the recommendations will be made to the alignment of the railway over bridge. This is recorded. The learned counsel for the petitioner does not dispute that the adoption of the recommendations suggested by the additional 7th respondent will substantially redress the grievances of the petitioner. Moreover the decisions in Union of India v. Dr.Kushala Shetty and others; 2011 (12) SCC 69, Balakrishna Pillai and Ors. v. Union of India and Ors; 2021 (4) KHC 282 and Venugopalan P.V. and Orss v. Union of India and Ors.; 2021 (3) KHC 193 clearly indicate that the jurisdiction of this Court to interfere in matters of alignment of road/bridges etc. is very limited and practically non-existent.
Therefore, the writ petition will stand closed as no further directions are necessary in this matter.
sd/-
GOPINATH P. JUDGE acd W.P.(C)No.38688/2022 6 APPENDIX OF WP(C) 38688/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DTD. 05-11-2021 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.
Exhibit P1(A) TRUE COPY OF THE SKETCH SHOWING THE LAND TO BE ACQUIRED ISSUED BY THE 6TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE COMMITTEE REPORT DTD.
15-12-2021 CONSTITUTED BY REGIONAL OFFICE, FCI, REGARDING THE IMPACT OF ACQUISITION ON THE FUNCTIONING OF THE DEPOT.
Exhibit P3 TRUE COPY OF THE COMMITTEE REPORT DTD.
07-03-2021 CONSTITUTED BY REGIONAL OFFICE, FCI, REGARDING THE IMPACT OF ACQUISITION ON THE FUNCTIONING OF THE DEPOT.
Exhibit P4 TRUE COPY OF THE COMMITTEE REPORT DTD.
11-03-2022 CONSTITUTED BY REGIONAL OFFICE, FCI, REGARDING THE IMPACT OF ACQUISITION ON THE FUNCTIONING OF THE DEPOT.
Exhibit P5 TRUE COPY OF THE LETTER/ REPRESENTATION DTD. 18-03-2022 SUBMITTED BY THE ASSISTANT GENERAL MANAGER FOR GENERAL MANAGER, FCI, KERALA TO THE CHIEF SECRETARY, GOVT. OF KERALA.
Exhibit P6 TRUE COPY OF THE REPORT DTD. 18-10-2021 SUBMITTED BEFORE THE GENERAL MANAGER, FCI, BASED ON THE JOINT SITE INSPECTION CONDUCTED BY THE FCI AND K-RAIL AUTHORITIES.
Exhibit P7 A TRUE COPY OF THE LETTER NO.
A25/MISC./KPY/2022-23 DTD. 22-10-2022 SUBMITTED BY THE MANAGER DEPOT TO THE PETITIONER.
RESPONDENT EXHIBITS W.P.(C)No.38688/2022 7 Exhibit R5(a) A TRUE COPY OF GOK ORDER GO(RT) NO.
780/2018/PWD DATED 27.04.2018 ENTRUSTING 27ROB/RUB CONSTRUCTION TO KRDCL.
Exhibit R5(b) COPY OF ADMINISTRATIVE SANCTION VIDE G.O(RT) NO.987/2021/PWD DATED 10.11.2021 FOR CONTINGENCY & ESTABLISHMENT CHARGE IN CONNECTION WITH THE LAND ACQUISITION PROCESS.
Exhibit R5(c) COPY OF 6(1) NOTIFICATION DATED 21.12.2021 UNDER SURVEY AND BOUNDARIES ACT 1961 ISSUED BY THE LAND ACQUISITION OFFICER.
Exhibit R5(d) COPY OF LETTER NO.PWD-D2/108/2022-PWD DATED 24.05.2022, COMMUNICATED TO THE GENERAL MANAGER, FCI.
PETITIONER EXHIBITS Exhibit P8 TRUE COPY OF THE LETTER NO. PWD-
D2/108/2022-PWD DATED 24-05-2022.
Petition to Amend PETITION TO AMEND THE WRIT PETITION the Writ Petition RESPONDENT ANNEXURES Annexure The report on the feasibility of ROB alignment option proposed by FCI Karunagapalli for LC no.53 prepared by the Director, KSCSTE-NATPAC PETITIONER EXHIBITS Exhibit- P9 True copy of the Sketch prepared by the petitioner as per the information given by the respondents