Indian Kanoon - Search engine for Indian Law

Objections dated 09.01.2023 filed by North Western Railway (respondent 6):

20. Objections dated 09.01.2023 have been filed by North Western Railway i.e., respondent 6 stating that admittedly no lease was signed by Rajasthan Government with applicant or M/s. Hindustan Salts Limited;

applicant is claiming ownership of complete Sambhar Lake; respondent 6 has nothing to do with the issue raised in OA except of the fact relating to laying of railway line within Sambhar Lake and its buffer zone and the sole intention on the part of applicant appears to be is to restrain on-going project of Indian Railway; on the same issue, applicant's Holding company namely Hindustan Salt Limited had already filed W.P. No. 14449/2022, Hindustan Salts Ltd. vs. State of Rajasthan before Rajasthan High Court at Jaipur and the matter is pending; giving details of the project of respondent 6, it is said that it is operating the route for the last 95 years and now to meet future need, expansion work is going on with due approval from State Government on railway land and Government land; Projects undertaken by respondent 6 under Gati Shakti Projects are of national importance; Projects include Dedicated Test Track New Line Project and Phulera-Degana Doubling Project which are in progress in Nawa and Sambhar area of Rajasthan; Dedicated Test Track is a green project in which alignment is finalized in consultation with Research Development and Standards Organization (hereinafter referred to as 'RDSO') and an electrified track is being developed on/around the existing railway line; the project is essential for enhanced train safety; Phulera- Degana Doubling Project is important rail infrastructure project providing direct connectivity of western part with rest of the country; these projects are planned on and around existing railway line; requisite private land for the purpose of project has been acquired in accordance with law; Phulera- Degana section is a part of main Jaipur-Jodhpur route connecting two important cities of Rajasthan besides other nearby cities like Phulera, Degana and Merta Road; to meet the increased traffic on the route and to reduce load on existing single railway line, Phulera-Degana Doubling Project was sanctioned by Ministry of Railways, Railway Board vide Director Works-II, Railway Board's letter dated 27.01.2016; Doubling Railway track is being laid at 6.10 m (i.e., 20 feet) centre to centre track distance parallel to existing railway line which is in operation for more than 95 years old since British era; Dedicated Test Track was sanctioned by Central Government on 12.12.2018 and declared as special railway project vide Gazette Notification dated 17.01.2019; substantial progress has been done on both the projects; attempt on the part of applicant to obstruct the said project is nothing but mischievous and mala-fide; even otherwise the application is barred by limitation and since the issue is already pending in High Court, parallel proceedings before Tribunal for raising same issue is not proper.