Dismissed

Surendra Jain v. Union of India

Rajasthan HC14 Aug 2019CW/4352/2019

Case brief

AI extract

What is this about?

Petitioner sought a new railway overbridge to replace an unsafe structure built in 1921. Post-traffic suspension, authorities proposed strengthening and widening the existing bridge. Court directed inspection which found land acquisition is essential to increase width; proposed design expansion was infeasible.

What did the court decide?

Nothing survives consideration; writ petition disposed of.

Surendra Jain Vs Union of India — Land Acquisition | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 4352/2019

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Surendra Jain S/o Late Shri R.N.C. Bhandari, Aged About 57 Years, Purbyion Ki Gali, Bhishtiyon Ka Bas, Jodhpur.

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----Petitioner

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Versus

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Union Of India, Through Its Secretary, Ministry Of Railways, Government Of India, New Delhi.

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The State Of Rajasthan, Through The Secretary, Urban Development And Housing Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Commissioner, Jodhpur Development Authority, Jodhpur.

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General Manager, North Western Railway, Jaipur.

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Divisional Railway Manager, North Western Railway, Jodhpur.

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The District Collector, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Akhilesh Rajpurohit For Respondent(s) : Mr. Sandeep Shah, AAG Mr. Manoj Bhandari Mr. Kamal Dave

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HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA

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Order

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14/08/2019

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Heard learned counsel for the parties.

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The issue raised by the public interest litigant is with respect to safety of existing railway over-bridge, i.e. Mohanpura Puliya. The direction sought was to construct a new railway overbridge in place of the existing one – constructed long ago in 1921. During the pendency of these proceedings, developments took place, which rendered use of the bridge hazardous; traffic was

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(2 of 3)

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[CW-4352/2019]

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accordingly suspended for a while. Subsequently, it was directed to be resumed, after adoption of certain urgent measures.

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The Court was apprised by the railway authorities as well as Jodhpur Development Authority and State of Rajasthan that a new carriage way over the existing bridge, after strengthening it, would be constructed.

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It was also indicated that the tender for the construction of a proposed new bridge was issued and that the contrat is finalized by the Railways, which essentially controls the land over which the carriage way is to proposed to be constructed. At that stage, the petitioner had expressed reservations with regard to the proposed new construction and also suggested that more capacity would be created by an over-bridge, which would have wider carriage way.

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This Court accordingly had directed inspection of the over-bridge and also consideration of the feasibility of expanding the carriage way. An inspection was in fact carried out on 24.07.2019 jointly by the J.D.A., Railway Authorities, the District Magistrate and the Public Works Department (PWD). The report of the joint inspection has been placed on record. It inter alia reads as follows:-

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“1. A meeting was held under the Chairmanship of District Collector, Jodhpur in compliance to the directions of the Hon’ble High Court on Dated 24.07.2019 at 4.30 PM in his chamber. A team was constituted of Technical officials of PWD, Railways, JDA and ADM City to put up a Inspection Report regarding the possibility to increase the width of 2-Lane Mohanpura ROB.

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The team inspected the Mohanpura ROB on Dated 24.07.2019 and it was found that total width of ROB from outer face of Parapet wall to other side outer face of Parapet wall is 10.60 mtr (At Railway Portion as well as at either side of Approaches). The present Carriageway width is 7.60 mtr.

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From Nai Sadak Side towards Ratanada Side, after crossing Railway Span, it was found that there is Govt. Naveen Sr. Sec. School on Right Hand side and on Left

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(3 of 3)

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[CW-4352/2019]

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Hand side there are Private Buildings. The distance between the Toe of left side Retaining wall to Private Buildings. The distance between the Toe of left side Retaining wall to Private Buildings is 4.40 mtr to 4.30 mtr which is presently being used as a access by the people residing in these buildings. On Right Hand side, the Retaining Wall is coinciding with the Compound Wall/Permanent Structures of Govt. Naveen Sr. Sec. School.

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Preliminary it has been observed by the Committee members that looking to the present space contraint; without acquisition of land it is not possible to increase the existing width of 2-Lane Mohanpura ROB.”

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It is submitted on behalf of the respondents that construction of new carriageway would be completed within six months and very shortly – within a week, the existing over-bridge will be shut-down for traffic.

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The petitioner’s counsel sought to urge that the respondents can even at this stage alter the design to accommodate a wider carriageway and avoid future expenditure.

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This Court is of the opinion that the feasibility of such a proposal has not been accepted in the joint inspection report, which clearly states that for future expansion, land acquisition is necessary.

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In the light of the above, this Court is of the opinion that nothing survives consideration.

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The writ petition is disposed of accordingly.

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(DINESH MEHTA),J

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(S. RAVINDRA BHAT),CJ

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8-skm/-

Surendra Jain v. Union of India

Case brief

What is this about?

What did the court decide?

Surendra Jain v. Union of India

Case brief

What is this about?

What did the court decide?

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