- (1.) In response to this Court's order dated 30th July, 2010, the Railway has submitted supplementary counter affidavit to answer the following two questions :- (i) Whether it is feasible to provide 1-2 interconnected general bogeys having toilet facilities in MEMU/DEMU/EMU trains? (ii) What medical facility, specially for the accident cases, can be provided at the stations? In respect of providing toilet facility in the MEMU/DEMU/EMU trains, it has been stated that after thoughtful consideration it was found that toilet facility in above types of trains is not feasible.
(2.) However, in the same para i.e., para 8 of the supplementary counter affidavit, it has been stated that "However, in compliance of Budget pronouncement 2008-09, RCF (Railway Coach Factory) has manufactured and turned out the first MEMU rake of 8 cars, with toilets at either end in the trailer Coaches." Therefore, it is clear that toilets can be provided in MEMU trains. It also appears from the above quoted para that the first plea may not be correct that the toilets in above three categories of trains is not feasible. It appears from the quoted para that feasibility of toilets in the above trains may have been considered only by considering the financial aspects or non-availability of funds. The affidavit clearly indicates that atleast two toilets at both the ends of such trains can be provided, provided funds are available.
(3.) Learned counsel for the railway tried to submit that these are the special trains which are light trains and which runs for a maximum distance of 150 k.m. only and stops at every station.;