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The Goa Foundation And Another vs The Konkan Railway Corporation And ... on 29 April, 1992

30. It is his submission that the above order shows that this Court was conscious of the fact that the parking may be kept even at some distance in order to avoid congestion in a already congested area. It is further submitted that undisputedly the land under reference got vested under an equitable exchange keeping in view the larger public interest of building the grade separator under the supervision of this Court. In accordance with the Indian Railway Manual the General Manger is vested with the powers of making all plans and execute the same for the purpose of operation and maintenance of Railway. The case titled as Subhash Dutta vs Union of India and Ors. (2001) 3 CALLT 36 HC also supports the supremacy of Railway Act and the use of the land for the purpose of Railway is in the larger national interest than that of the local area, which aspect also finds support in the view expressed by Bombay High Court in case of The Goa Foundation And Another vs The Konkan Railway Corporation wherein declining the relief sought against the Railway project the Court gave the concluding remark as under:-
Bombay High Court Cites 13 - Cited by 18 - Full Document

Subhodh Chandra Dutta And Ors. vs Union Of India (Railways) & Ors. on 8 April, 2015

30. It is his submission that the above order shows that this Court was conscious of the fact that the parking may be kept even at some distance in order to avoid congestion in a already congested area. It is further submitted that undisputedly the land under reference got vested under an equitable exchange keeping in view the larger public interest of building the grade separator under the supervision of this Court. In accordance with the Indian Railway Manual the General Manger is vested with the powers of making all plans and execute the same for the purpose of operation and maintenance of Railway. The case titled as Subhash Dutta vs Union of India and Ors. (2001) 3 CALLT 36 HC also supports the supremacy of Railway Act and the use of the land for the purpose of Railway is in the larger national interest than that of the local area, which aspect also finds support in the view expressed by Bombay High Court in case of The Goa Foundation And Another vs The Konkan Railway Corporation wherein declining the relief sought against the Railway project the Court gave the concluding remark as under:-
Delhi High Court Cites 4 - Cited by 1 - K Gambhir - Full Document
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