M RAMMOHAN RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Public Interest Litigation is filed by petitioners 1 to 4 seeking for the following prayer:-

(2.) IT is averred in the writ petition that the petitioners seek a writ of mandamus to consider the request of the petitioners as well as the Citizens' forum, Puttur, D. K. , for providing, as assured and held out by second respondent in their annual budget and the time table of the Trains of south' Western Railways, day service of passenger train up and down mangalore Bangalore, to overcome the congestion of traffic on surface transportation. It is further averred that the traveling public and the transporters of goods particularly mineral ore from various parts of the state to Mangalore Port would usually use National Highway No. 47, part of which is treacherous at Shirdi Ghat. The hairpin bends and merciless variation of heights or depth owing to reality of Ghats would cause serious fatigue and expense to the motorists and transporters. To ease the said agony as well as ecstasy, beholding the bountiful nature along the roads, the Ministry of Railways with the co-operation of Government of Karnataka conceived and put into effect railway lines connecting Hassan and mangalore, although the said work stood over unfinished for decades on end. The railway track is single line. Hassan Mangalore Rail Development company Limited (for short, 'hmrdcl'), which is entrusted with the right to use the track in terms of an agreement dated 18. 3. 2004 termed as concession agreement, is exploiting and monopolizing the tracks for commercial purposes, ignoring the need of the passengers who commute up and down Bangalore - Mangalore.

(3.) IT is further averred in the petition that the shortest route from bangalore to Mangalore is via Arasikere and Hassan. There are existing railway lines from Bangalore to Hassan via Arasikere. There are well laid out railway tracks, in usable condition, from Hassan to Shravanabelagola. There are no railway lines from Bangalore to Shravanabelagola directly. Laying of railway tracks from Bangalore to Shravanabelagola is in planning and concept for decades together. Petitioners have been urging to provide passenger trains from Bangalore to Mangalore via Arasikere and Hassan, which would be economically viable besides reducing the travel time from Bangalore to Mangalore. The said track can be extended up to cannanore in Kerala. Though the representation has been given to the respondents, no steps whatever has been taken and inaction on the part of the respondents in that behalf is arbitrary, unjust, unfair and unreasonable and wherefore, the prayer for the above said relief.