HARI PRASAD MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been taken up in the revised list. No one has put in appearance on behalf of the petitioners.

(2.) We have heard Shri S.P. Tripathi and Shri S.S. Rajawat, learned Standing Counsel for the State-respondents.

(3.) This Public Interest Litigation (P.I.L.) has been filed for quashing of the order passed by the Commissioner, Rural Development dated 20th Aug., 2014 and also for a mandamus commanding the respondents to get a road and an under bridge constructed in between the two pillars of the unmanned gate of a railway crossing on Sultanpur - Varanasi Road, District - Sultanpur. The petition has been filed keeping in view the stated difficulties being faced by the villagers of four villages namely, Ramau Ka Purwa, Pure Baghrai, Siptapur and Lakhipur at Tehsil - Lambhua, District - Sultanpur who allege that previously there was an unmanned railway crossing at the given site that was being utilised by the villagers to cross over the double line of the railways in order to reach their agricultural fields on the other side. The Railways have withdrawn the facilities of an unmanned crossing and on account of withdrawal of such facilities, the farmers of these four villages are facing immense hardship in approaching their agricultural holdings. An approach was made to the local Member of Parliament and the Member of Legislative Assembly who gave their recommendations in favour of these farmers way back in the year 2012. The same was got examined with the involvement of the State Government agencies, the Ministry of Railways and the Officials of the Railways Department; and ultimately the Commissioner, Rural Development had been called upon to pass an order after a judicial intervention in Writ Petition No.11321 M/B of 2013. It may be put on record that this grievance was being pressed and the proposal of providing a railway under bridge at the given place was being pursued but on account of one department not co-ordinating with the other and without any serious deliberation in respect thereof, a specific direction was issued on 04th of Dec., 2013 by a Division Bench of this Court by the following order:- "The writ petition has been filed in the public interest by the local residents complaining of the inaction in the construction of a road under bridge in between Poll No. 902/14 and 902/15, unmanned gate no. 67-C, Sultanpur-Varanasi Rail Division, which falls under Sultanpur district. From the record, it appears that several policy circulars notifications have been issued by the Union Ministry of Railways on 10.09.2010, 23.08.2011 and 31.01.2012 to facilitate the construction of road under bridges where necessary by utilizing funds provided under the MNREGA or as the case may be under the Pradhan Mantri Gram Sadak Yojna, M.P. LADS etc. In the present case, the grievance is that though a resolution was passed by the concerned Gram Panchayat on 20.06.2012, no action has been taken for the release of funds by the State Government. The petitioner has relied upon a letter of the Senior Divisional Engineer (IV), Northern Railway, Lucknow dated 04.09.2012, stating that if the State Government proposed the road under bridge at an unmanned railway crossing, such a construction can be made. From the record, it appears that on 19.01.2013 the District Magistrate, Sultanpur has moved a letter to the Commissioner, Rural Development, U.P., Lucknow, seeking the release of funds from the MNREGA followed by a further letter dated 03.05.2013. In so far as the Union Ministry of Railways is concerned, learned counsel appearing on its behalf states before the Court that under the consistent policy of the Ministry, the work of construction of a road under bridge can be facilitated provided necessary funds are sanctioned by the State Government as contemplated in the policy circulars and notifications issued by the Ministry. In our view, having due regard to the stated policy of the Union Government under the Railway Ministry and the necessity of protecting local residents from serious dangers posed by unmanned railway crossings, it is essential that the State Government should act expeditiously and take a decision on the communication/proposal of the District Magistrate, Sultanpur to the Commissioner, Rural Development, U.P., Lucknow, There is no reason or justification to keep the proposal, as submitted by the District Magistrate, pending for a long period. Having regard to the fact that the construction of a road under bridge would promote the safety of the local residents and is evidently necessary besides which the Union Ministry of Railway is also supporting such proposal, an expeditious decision should be taken by the Commissioner. In this view of the matter, we dispose of the writ petition by directing the Commissioner, Rural Development, U.P. to take an expeditious decision no later than within a period of three months from the date of receipt of a certified copy of this order, having due regard to the necessity of constructing the road under bridge to obviate the existence of an unmanned railway crossing at the site in issue. With these observations, we dispose of the writ petition. There is no order as to costs. "