Allahabad High Court
Deshraj And 2 Ors. vs U.O.I. Thru Secy. Railway And Ors. on 21 October, 2020
Bench: Munishwar Nath Bhandari, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- P.I.L. CIVIL No. - 17824 of 2020 Petitioner :- Deshraj And 2 Ors. Respondent :- U.O.I. Thru Secy. Railway And Ors. Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,A.S.G. Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Virendra Kumar Srivastava,J.
Public Interest Litigation has been filed to seek a direction for opening of a railway Crossing No.135 C said to be situated in middle of Devkali & Fardhana railway station.
Learned counsel for the petitioners submits that the Gate no.135 C was closed when the railway was to undertake conversion of gauge line from meter gauge to broad gauge. The conversion of railway line has taken place but gate no.135 C is not being open. On that count, suffering has been caused to the children of nearby village as now they travel four kms. for crossing the railway line. Realizing the difficulty of children and villagers, the District Magistrate and others requested the railway authorities to open the gate but no cognizance has been taken. The prayer is accordingly to direct the railway to open the railway crossing.
Learned counsel appearing for the railway has opposed the prayer made in the writ petition.
A reference of the letter dated 01.11.2019 (Annexure No.7) has been given to show that issue has already been considered. A decision has been taken not to open that railway crossing. The decision aforesaid was taken pursuant to guidelines prepared by the railways after a direction by the Apex Court. The direction was not to keep unmanned railway crossing and also reduced the number so as to avoid accident on that count.
In reference to the guidelines and on examination of the matter, the decision was taken in technical side to close the gate.
We have considered the rival submissions made by the parties and perused the record.
The issue raised before us has been considered by the railways in the letter dated 01.11.2019. The decision has been taken as per guidelines prepared by the railway in light of the direction of the Apex Court.
The decision of closing of crossing gate has been taken as per guidelines prepared by the railways after a direction of the Apex Court and merely for the reason that the children of nearby villages has now travel four kms. further for crossing railway line cannot be a reason for giving direction to open the crossing gate against the guidelines of the railways.
The issue aforesaid cannot be taken up by this Court otherwise it would amount to interfering into the administration of railways even for keeping the railway crossing open or close.
It is not within the domain of the High Court.
We do not find any reason to go against the decision of the railways more so when the issue has been properly considered in the letter dated 01.11.2019.
The writ petition is dismissed.
Order Date :- 21.10.2020 Mahesh