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We are here concerned with the question as to whether omission on the part of the Central Government to take a decision whether or not to exercise powers under Section 13 of the Railway Act, 1890 _ in particular under clause (c) and (d) of Section 13 - amounted to a breach of a statutory duty giving rise to a cause of action for damaged based on negligence.

Recently this court had occasion in Rajkat Municipal Corporation vs. Manjulaben Jayantilal Nakum 1997(9) SCC 562 to consider an analogous problem. There the issue was regarding the omission on the part of the local authority to remove a tree from a public road The tree later fell on the plaintiff's husband who was passing by the road resulting in his death. The High Court had decreed compensation but this court allowed the appeal and dismissed the claim holding that no breach of statutory duty was involved. In that context, this court had occasion to refer to the principles laid down by Lord Atkin in Donoghue vs. Stevenson [1932 AC 562] as regards `proximity' and `neighbourhood', and to the extension of these principles by Lord Wilberforce in Anns vs. Merton London Borough 1978 AC 728 to cases of omission on the part of local authorities to properly scrutinise building plans where such omissions resulted in the cracking of walls of the buildings constructed, thereby causing `economic losses'. This court also referred to Murphy vs. Brent - wood District Council 1991 (1) AC 398 which overrules Anns.