MATHUR, J. - (1.) Mahesh Chandra Purohit, an advocate by profession, has filed this writ petition under the label of Public Interest Litigation" seeking direction to restrain the respondent-Container Corporation of India Limited from constructing and operating the Container Depot near Bhagat Ki Kothi and shift to a place, which may be far away from the residential localities i.e. near Salawas, Hanwant or Luni Railway Station. The writ petition is based on a news item appeared in the Newspaper 'Dainik Bhaskar', Jodhpur Edition, dated 24/03/2001 to the effect that an Inland Container Depot (hereinafter referred to as the ICD") shall commence its operation near Bhagat Ki Kothi from the month of April, 2001. It is averred that the purpose of the ICD is to carry goods from various places to the Depot for loading in the Railway Containers and similarly for taking away the goods which have been received from the Railway to different destinations. It is further avered that the approach towards the proposed ICD is through heavily populated area in between the Patrakar Colony and Masuria Section-7. According to the petitioner, the location of the site is in the heart of the city and there would be traffic congestion on account of movement of the trailers/trucks. According to him, on an average, 100 trailed trucks containing containers will be moving towards the proposed Container Depot after its operation. Thus, according to the petitioner, the proposed location of the ICD at Bhagat Ki Kothi will pose serious traffic hazard to the residents of the Masuria Section 7, Patrakar Colony and other colonies. The petitioner has made it clear that he has no objection to setting up of Inland Container Depot at Jodhpur as it will benefit to the general public but his only objection is to the location of the ICD in a thickly populated area. According to the petitioner, the grievance raised by him in the writ petition is closely connected with the grievance raised in the Writ Petition No. 6073/1993 Mahendra Lodha v. State of Rajasthan, wherein this Court by order dated 21-11-2000* has prohibitedentryof heavy traffic beyond New Power House except during night hours between 10 p.m. and 7 a.m.
(2.) Separate counter-affidavits have been filed on behalf of the first respondent-Container Corporation of India Ltd., Additional Chief Engineer, P.W.D., Govt. of Rajsthan, Jodhpur and the Divisional Railway Manager, Northern Railway, Jodhpur. The Jodhpur Handicraft Exporters Association (hereinafter referred to as 'the Handicraft Association') was also permitted to intervene in the matter. An affidavit has also been filed on behalf of the Handicraft Association. Except the second respondent Additional Chief Engineer, both the respondents and the intervener have raised a preliminary objection to the effect that instant writ petition is not maintainable under the label of P.I.L." as it has been filed to safeguard the interest of the existing operators who are carrying the export cargo through road and not the public purpose. It is submitted that service provided by the Corporation through rail track would not only be cheaper but also safer. The Handicraft Association has gone to the extent of saying that petitioner has been planted by some persons who are having business interest in the matter. It is pointed out that in the city of Jodhpur, there exists a Container Depot in the name of 'Rajasthan Small Industries Corporation' (in short 'RSIC'). This Container Depot charges huge money in the name of transportation charges. The Association has also referred- to names of some of the individuals, who had applied for opening Container Depot. It is submitted that the ICD owned by Government of India, will render better services and enable the exporters to send their articles/goods to the destination point such as Mumbai and Kandla and the same will facilitate the business of exports. Thus, obviously the existing Container Depot and some of the persons who are interested to enter into the business, are uncomfortable in commissioning of the ICD at Bhagat Ki Kothi. As regards the location, it is submitted that the petitioner is not as innocent as he has tried to project himself by saying that he is only interested in shifting the location of the ICD. It is submitted that the purpose of seeking shifting of the ICD from Bhagat Ki Kothi to Salawas, Hanwant or Luni is that the ICD should become uneconomical and unviable. It is also pointed out that there is no suitable railway land available at Salawas, Hanwant or Luni Railway Stations and they are far away from the industrial area of Jodhpur and setting up of the ICD at those places will become totally uneconomical and unviable as there will be increase in cost of the road transportation from the industrial area located in and around Jodhpur. Further, there being no proper railway land available at the said places, cost of acquiring private land for setting up the ICD will be prohibitive. Thus, the entire purpose of the writ petition is not to allow the respondent-Corporation to come into competition with the existing operators against the interest of public of Jodhpur.
(3.) The respondent has given a long narration as to how the demand of the people at Jodhpur to set up the ICD at Jodhpur came to be materialised. It is submitted that the various Exporters Organisations like A.P.E.D.A., Export Promotion Council for Handicrafts, Jodhpur Industry Association, Rajasthan Guar Gum Organisation, Jodhpur Handicraft Exporters Organisation raised the demand for setting up the ICD first in the year 1991. The copies of the representations received from the Export Associations for setting up the ICD at Jodhpur have been placed on record. A letter dated 13/06/1993 of Shri Ashok Gehlot, presently the Hon'ble Chief Minister of Rajasthan and the Member of Parliament at the relevant time, requesting for setting up the ICD at Jodhpur has also been placed on record. Similarly, the correspondence between Shri Pradhyumn Singh, Minister of Industries, Rajasthan and Shri Nitish Kumar, the Railway Minister at the relevant time, Shri Jaswant Singh Bishnoi, Member of Parliament and Ms. Mamta Banerjee, the Railway Minister at the relevant time and some more prominent dignitaries of the State and National level have been placed on record showing the anxiety of providing rail linked ICD at Jodhpur. The matter was examined in the Central Government at various levels. It was found that Jodhpur has high level of exports, the main commodities being Guar Gum and Handicrafts. The present export cargo goes either in break bulk by trucks to twin ports of Mumbai or through containers from Inland Container Depot of Rajasthan State Industrial Corporation at Jodhpur, which is not found to be economical or safe. For opening of the new I.C.D., an application was made to the Inter-Ministerial Committee (IMC) comprising of the representatives of the Ministry of Railways, Ministry of Surface Transport, Ministry of Finance and Ministry of Commerce. The guidelines laid down by the Ministry of Commerce for setting up the ICD have also been placed on record. The feasibility report, projections of the traffic and the site plan and other informations were considered at various levels. The IMC after considering the application of the first respondent granted permission to open ICD at Jodhpur in September, 1999. Before granting the permission of ICD at Jodhpur, the viewpoints of all the persons concerned including the State of Rajasthan were considered. The site for ICD was selected after survey of origin/destination of export cargo. After the grant of permission, the first respondent spent about Rs. two crore in establishing the ICD at Bhagat Ki Kothi. The narration given by the first respondent is also supported by the Railway Administration.;