Dismissed

Sri. Kantilal Jain v. Union of India

Karnataka HC18 Jul 2018WP/9968/2018

Case brief

AI extract

What is this about?

The High Court at Bengaluru dismissed writ petitions filed by residents of Gadag district seeking records and challenging a railway project from Gadag to Wadi. The court refused to treat them as PILs, noting route decisions are for authorities and rejecting claims of arbitrariness or denial of hearing.

What did the court decide?

Petitioners permitted to file further representations to authorities without impeding project execution; project to proceed.

Sri. Kantilal Jain Vs Union of India — Land Acquisition | Karnataka HC (2018)

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JULY, 2018

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PRESENT

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HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

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AND

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HON’BLE MR.JUSTICE R.DEVDAS

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WRIT PETITION NO.9968 OF 2018 AND

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WRIT PETITION NOS.10255-10281 OF 2018 (GM-RES) PIL

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BETWEEN:

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SRI. KANTILAL JAIN S/O. HIMATH MALJI LAL, AGED ABOUT 65 YEARS, NO.17, MAHAVEER HOUSING SOCIETY, MAHAVEER NAGAR II CROSS, COTTON MARKET ROAD, GADAG - 582 101.

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SRI. ASHOK BEVINAKATTI S/O. VIRUPAKSHAPPA B BEVINAKATTI, AGED ABOUT 49 YEARS, R/AT OME SHIKRSHANA SANTHE, NAREGAL, GADAG - 582 119.

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SRI. SHARANAPPA SHIVAPPA DHARMAJAT

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S/O. SHIVAPPA V DHARMAJAT, AGED ABOUT 42 YEARS, R/AT NEAR KALMESWAR TEMPLE, NAREGAL, RON GADAG - 582 119.

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SRI. BASAVARAJ VANKALAKUNTI S/O. CHANNABASAPPA VANKALAKUNTI, AGED ABOUT 40 YEARS, R/AT OLD BAJAR NAREGAL, GADAG, RON GADAG - 582 119.

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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SRI SHARANABASANA GOUDA S/O SHIVANA GOUDA AGED ABOUT 45 YEARS, R/AT MALLAPUR DOLINAVAR ONI, GAJENDRAGAD – 582 119

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SRI. SHIVANA GOUDA A PATIL S/O. ANDANAGOUDA PATIL, AGED ABOUT 43 YEARS, R/AT GUDI ONI, NAREGAL, GADAG-582 119.

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DR. RAJENDRA GACHHINAMATA S/O. KASHINATHASHASTRI GACHHINAMATA, AGED ABOUT 65 YEARS, RESIDING AT TEGGINA KERI ONI, NAREGAL, RON GADAG - 582 119.

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SRI. RAVINDRANATH. J S/O. JAMBUNATH DODDMETTI, AGED ABOUT 59 YEARS, RON, GADAG TALUK, JAKKALI - 582 119.

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SRI. MAHADEVAPPA S MENASAGI S/O. SHANKRAPPA MENASAGI, AGED ABOUT 63 YEARS, MAIN BAZAR, JAKKALI - 582 119.

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SRI. GRULINGAYYA S MANTAYYAMATH S/O. SHEKHARAYYA, AGED ABOUT 45 YEARS, NEAR KALMESHWAR TEMPLE, JAKKALI - 582 119.

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SRI. VINOD A YAVAGAL S/O. ANDANAPPA, NEAR KALMESHWAR TEMPLE, JAKKALI - 582 119.

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SRI. UMESH R SANKANGOUDAR S/O. RAJASHEKARA GOUDAR, AGED ABOUT 56 YEARS, GAJENDRAGADA ROAD, NAREGAL - 582 119.

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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SRI. BALAPPA VEERAPPA S/O. VEETAPPA, AGED ABOUT 52 YEARS, R/AT NEAR VEERBHADRESHWAR TEMPLE, NIDAGUNDI - 582 114.

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SRI. SHIDDALINAGAYYA CHANNAYYA S/O. CHANNAYYA, AGED ABOUT 30 YEARS, R/AT GUDADURAKKL OLD BUS STAND, NIDAGUNDI - 582 114.

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SRI VIRUPAXAPPA SHARANAPPA SUDI S/O. SHARANAPPA, AGED ABOUT 45 YEARS, RESIDING AT KURBAR ONI, NIDAGUNDI - 582 114.

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SRI. VIREESH V KULKARNI S/O. VINAYAK KULKARNI, AGED ABOUT 47 YEARS, ONI NEAR VEERABHADRESWAR TEMPLE, NIDAGUNDI - 582 114.

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SRI. AMARESH V MARNABASARI S/O. VEERAPPA, AGED ABOUT 40 YEARS, R/AT KADDI PLOT KUSTAGI ROAD, GAJENDRAGAD - 582 119.

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SRI. PRAKSHA V PALAMALRI S/O. VITHALA, AGED ABOUT 37 YEARS, RESIDING AT NIKAR COLONY, GAJENDRAGAD - 582 114.

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SHEKHAPPA RAMAPPA RATHOD S/O. RAMAPPA RATHOD, AGED ABOUT 35 YEARS, RESIDING AT SHIVALAL NAGAR, GAJENDRAGAD - 582 114.

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SRI. GOPALA KRISHNAPPA SHETTAR S/O. KRISHNAPPA, AGED ABOUT 54 YEARS, R/AT PATAR GALLI, GAJENDRAGAD - 582 114.

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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SRI. SRINIVAS JAHAGIRDAR S/O. LAXMANACHAR, AGED ABOUT 52 YEARS, RESIDING AT WARD NO.5, JAHAGIRDAR ONI, HANAMASAGAR - 583 281.

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SRI. RAJESH KAMBAD S/O. LAXMANAPPA, AGED ABOUT 43 YEARS, RESIDING AT WARD NO.10, NEAR BASAR TEMPLE, HANAMASAGAR - 583 281.

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SRI. MAHANTAYYA KOMARI S/O. ESHVARAYYA, AGED ABOUT 39 YEARS, RESIDING AT WARD NO.8, VIBHOOTI ONI, HANAMASAGAR - 583 281.

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SRI. MANJUNATH GULEDEGUDDA S/O. NINGAPPA, AGED ABOUT 34 YEARS, RESIDING AT WARD NO.1, GANDHI CIRCLE, HANAMASAGAR - 583 281.

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SRI. LINGARAJ AGASIMANI S/O. KARASIDDAPPA, AGED ABOUT 32 YEARS, RESIDING AT WARD NO.13, NEAR SBH BANK, HANAMASAGAR - 583 281.

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SRI. PRASHATH GADAG S/O. CHANNABASAPPA, AGED ABOUT 41 YEARS, RESIDING AT WARD NO.3, NEAR KARASIDDESHWAR MATH, HANAMASAGAR - 583 281.

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SRI. VEERESH HUNAGUDI S/O. MALLAPPA, AGED ABOUT 43 YEARS, RESIDING AT WARD NO.10,

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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BEHIND KARASIDDESHWAR MATH, HANAMASAGAR - 583 281.

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SRI. BASAVARAJ BACHALAPUR S/O. LINGAPPA, AGED ABOUT 47 YEARS, RESIDING AT WARD NO.13, NEAR SBI, HANAMASAGAR - 583 281.

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... PETITIONERS

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(BY SRI.D.N.MANJUNATH, ADVOCATE)

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AND:

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UNION OF INDIA MINISTRY OF RAILWAYS, REPRESENTED BY SECRETARY, ROOM NO.239, RAIL BHAWAN RAISINA RD CP, NEW DELHI - 110 001.

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RAILWAY BOARD REPRESENTED BY CHAIRMAN RAILWAY BOARD, ROOM NO.256-A, RAIL BHAVAN, RAISINA ROAD, NEW DELHI – 110 001.

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THE DEPUTY DIRECTOR & CPIO MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI - 110 001.

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EXECUTIVE DIRECTOR (WORK) RAILWAY BOARD, ROOM NO. 129, RAIL BHAVAN, NEW DELHI - 110 001.

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MINISTRY OF FINANCE REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF EXPENDITURE, ROOM NO. 76, NEW DELHI - 110 001. (INDIA)

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NITI AAYOG TRANSPORT / TOURISM / INFRASTRUCTURE DIVISION, REPRESENTED BY CHAIRMAN NITI BHAVAN, SANSAD MARG, NEW DELHI-110 001.

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER / CN REPRESENTED BY CHIEF OFFICER NO.18, MILLERS ROAD, SOUTH WESTERN RAILWAY, BANGALORE - 560 052.

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OFFICE OF THE DY. CE/CN/IV/UBL CLUB ROAD, OLD GM OFFICE BUILDING, HUBLI - 580 023.

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DIVISIONAL GENERAL MANAGER CENTRAL RAILWAY, CHHATRAPATI SHIVAJI MAHARAJ TERMINUS, MUMBAI - 400 001.

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GENERAL MANAGER HEAD QUARTERS OFFICE, ROOM NO.217, SOUTH CENTRAL RAILWAYS, RAIL NILAYA, SECUNDERABAD - 500 011.

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SOUTH WESTERN RAILWAYS

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OFFICE OF THE GENERAL MANAGER, CLUB ROAD, OLD GM OFFICE BUILDING, HUBLI - 580 023.

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STATE OF KARNATAKA REPRESENTED BY CHIEF MINISTERS SECRETARIAT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.

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MINISTRY OF FINANCE REPRESENTED BY PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA INFRASTRUCTURE DEVELOPMENT DEPARTMENT, REPRESENTED BY PRINCIPAL SECRETARY, ROOM NO. 38/39, VIDHANA SOUDHA, BANGALORE-560 001.

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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DEPUTY COMMISSIONER - KOPPAL DISTRICT STATE OF KARNATAKA, NH 63, BANIKATTI, KOPPAL, KARNATAKA - 583 231, KOPPAL - 583 231.

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SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 33A LAKAMANAHALLI INDUSTRIAL AREA, P.B. ROAD, DHARWAD - 580 004.

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STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA TRANSPORT DEPARTMENT, REPRESENTED BY PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA ENVIRONMENT DEPARTMENT, REPRESENTED BY PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA

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RURAL DEVELOPMENT AND PANCHAYATH RAJ DEVELOPMENT DEPARTMENT, REPRESENTED BY PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND TRANSPORT DEPARTMENT, REPRESENTED BY PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001.

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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STATE OF KARNATAKA DIRECTORATE URBAN LAND TRANSPORT, REPRESENTED BY PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560 001.

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STATE OF KARNATAKA MINISTER FOR HIGHER EDUCATION, REPRESENTED BY PRINCIPAL SECRETARY, ROOM NO.317-317A, 3^RD FLOOR, VIDHANA SOUDHA, BANGALORE - 560 001.

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... RESPONDENTS

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(SRI.SANJAY NAIR, CGC FOR RESPONDENT NO.5 SRI.N.S.SANJAY GOWDA, ADVOCATE FOR RESPONDENT NOS.1, 7, 8 AND 11 NOTICE NOT ORDERED IN RESPECT OF OTHER RESPONDENTS)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING CALL FOR THE ENTIRE RECORDS PERTAINING TO IMPLEMENTATION OF THE RAILWAY PROJECT FROM GADAG TO WADI AS PER THE CABINET COMMITTEE OF ECONOMIC AFFAIRS APPROVAL WHICH WAS PASSED PURSUANT TO THE APPROVAL OF THE MINISTRY OF RAILWAYS FOR THE YEAR 2009-10 AND ALONG WITH ALL THE RELEVANT RECORDS PERTAINING TO GADAG TO WADI RAILWAY LINE PROJECT NAMELY PLANNING AND SURVEY REPORT AND RECORDS RELATING AND CONNECTING THERETO AND ETC.

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THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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ORDER

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Having heard the learned counsel for the petitioners and having perused the material placed on record, we are not persuaded to entertain these petitions as public interest litigation (PIL), where the petitioners seek to question the execution of the railway project, namely, broad gauge line from Gingera to Wadi, allegedly in deviation of the earlier approved plan.

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As to how and where a particular railway line is to be laid, so as to serve which areas, are all the matters essentially to be considered and examined by the authorities concerned. On the material placed on record, it cannot be said that the decision in regard to the lying of the railway track in question has been taken in any arbitrary manner.

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In regard to the grievance of the petitioners about the want of proper transport facilities to and through Gadag district, it appears appropriate to observe that the representations said to have been made by the petitioners may be examined by the authorities concerned in an appropriate manner. For that matter, we also consider it

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W.P.No.9968/2018 and W.P.Nos.10255-10281/2018

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10 -

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appropriate to provide that the petitioners, if so chosen, may file yet further representation to the authorities concerned, clearly stating their view points, grievances and suggestions.

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However, it is made clear that consideration of any such representation shall not be of any impediment in execution of the project in question.

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Subject to the observations foregoing, these petitions

stand dismissed.

Sd/CHIEF JUSTICE

Sd/JUDGE

AHB

Sri. Kantilal Jain v. Union of India

Case brief

What is this about?

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Sri. Kantilal Jain v. Union of India

Case brief

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