PRISTINE HINDUSTAN INFRAPROJECTS PVT. LTD. Vs. NORTH EAST FRONTIER RAILWAY
LAWS(GAU)-2018-12-117
HIGH COURT OF GAUHATI (AT: AGARTALA)
Decided on December 14,2018

Pristine Hindustan Infraprojects Pvt. Ltd. Appellant
VERSUS
NORTH EAST FRONTIER RAILWAY Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. D. Saikia, the learned Senior Counsel assisted by Mr. B. Gogoi, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Standing counsel for the NF Railway.
(2.) By filing this writ petition, the petitioner has projected that a plot of land was leased out by the Divisional Railway Manager of Katihar Division of NF Railway at New Jalpaiguri to the Siliguri Jalpaiguri Development Authority (SJDA) by way of a lease deed for setting up of Inland Container Deport (ICD) and for allied purpose, authorizing the SJDA to construct the ICD by involving public or private partners. Accordingly, proposals were invited by NIT seeking partners for setting up ICD on a part of the land leased out by the NF Railway. Accordingly, the petitioner was awarded by the Govt. letter dated 22.12.2015 issued by SJDA.
(3.) The learned Senior Counsel for the petitioner submits that the petitioner company had submitted a Feasibility Report before the Railways authorities who had granted in-principle approval on 26.04.2016 for the proposed ICD/Private Freight Terminal (PFT). It is also submitted that after observations of all codal formalities, the ICD/PFT project has been set up in the meanwhile for enabling the PFT to come up, the Railways had, in the meanwhile, allotted further land to the petitioner. Accordingly, after trial run, the tracks completion certificate was also issued and the authorities of the NF Railway as well as the SJDA had requested the competent Railway authorities to issue "commercial notification" so as to allow the commercial business of the said ICD/PFT to commence. It is submitted that not only railway track and the storage capacity have been created but administrative facilities as well as Customs House are also in place for starting of the commercial portion of the said ICD/PFT. However, it is at the final penultimate stage of issuance of commercial notification, the Chief Trffic Planning Manager, NF Railway, Guwahati by a letter No. T/555/12/Construction of siding dated 28.11.2018 has observed that the project had come up on the basis of false declaration regarding ownership of land and accordingly, by referring to the Freight Marketing circular No. 11/2016, it was projected that Railway line could not be used for such project and therefore, the Katihar Division of NF Railway was advised to take up the matter with SJDA to explore possibilities to make the infrastructure used as a private siding of SJDA at this stage.;


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