JASHVANTLAL M PAREKH Vs. MANAGER WESTERN RAILWAY

JUDGEMENT

(1.) This Special Civil Application has been filed under Art. 226 of the Constitution of India, seeking directions against the Railway Administration to grant "No Objection Certificate" to the plan submitted by the petitioner society so as to permit them to construct the compound wall on their land bearing survey No. 106/1 paiki at a 50 feet distance from the centre of Junagadh Verval Railway Line.

(2.) The say of the petitioners is that, on the either side of the Railway Line, within a short distance from the petitioner's property, several constructions have been made at a 50 ft. distance from the centre of the railway line. Some instances have been given in para-9 of the petition. In the rejoinder, it is stated that the complete control line of Jitendra Park Society situated on the plot bearing survey No. 108 has been constructed on the railway line boundary itself. The another instance has been given where one multi-storeyed residential building viz Ushakiran has been constructed within few feet from the Junagadh - Veraval railway line. It is further submitted that, on Junagadh-Veraval railway line, several multi-storeyed residential buildings have been constructed within a few feet from the railway line boundary wall.

(3.) Mr. D.N. Ganguli, Divisional Engineer, Western Railway, Bhavnagar Para, has filed an affidavit in reply. It is submittd that, as a part of land management, certain guidelines have been laid down in para 3728 of the Way and Works Manual not only to preventing encroachments on railway lands, but also to protect the railway's interest for future expansion for Broad Gauge Conversion and to avoid any casualties by collapsing of building on railway line, as it so happened recently in Akashdeep Apartments collapsed on the railway line in Bombay near Grant Road Railway Station. It is pointed out that the standing instructions are not to allow constructions within 30 metres from the railway line boundary. The relevant instructions issued by the Railway Board as contained in Circular dated 18/07/1979 issued by the Chief Engineer is placed on record. Another letter dated 7.1.1983 issued by the Divisional Railway Manager (Works), Bhavnagar has also been placed on record. It is pointed out that, in some cases, certain constructions have been raised in breach of the guidelines on account of the permission given by the District Collector/D.D.O. while converting agriculture lands into non-agriculture lands. It is asserted that the Railway Administration has not given any "No objection Certificate" permitting to raise the constructions within a distance of 30 meters from the railway line boundary. In some cases where there were old constructions, on humanitarian grounds, they had to be regularised.