Courts Update Gauhati High Court directs petitioner to approach Assam govt...

Gauhati High Court directs petitioner to approach Assam govt for construction of a road near railway track

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Gauhati Sept 6(ILNS): The Gauhati High Court on September 02, closed the Public Interest Litigation (PIL), filed alleging that Petitioners have been facing difficulty in using the Assam Trunk Road lying on the other side of the railway track.

The PIL has been filed by Prafulla Chetia and 4 others, residents of the part of the land which is on the left side of the railway track running from Dibrugarh to Tinsukia in Assam, in the district of Dibrugarh. The case of the Petitioners is that the Assam Trunk Road lies on the other side of the railway track and there are only a few places for ingress and egress for the petitioners in case they want to use the road, as a result of which the petitioners have been facing difficulty.

The Division Bench comprised of Chief Justice Sudhanshu Dhuliya and Justice Manash Ranjan Pathak while considering the PIL noted that in the Petition the State Government has been made party respondents and the State respondents have filed counter-affidavit, which clearly shows that along the 45 Kilometers long stretch of railway track from Dibrugarh to Tinsukia, which the Petitioners are concerned with.

Although the Petitioners reside on the left side of the railway track and the road lies on the other side of the railway track, there are twenty-eight numbers of Railway Level Crossings and, therefore, the Petitioners have actually no difficulty in using the road on the other side of the railway track, the Court observed.

“Under this circumstance, we are not in a position to interfere with the matter”, said the Court.

The Standing Counsel, Railway, informed the Court that there are already proposals made by the railways to the State Government for constructing a road on the left side of the railway track.

“We say nothing on this. It is for the State Government to decide on this aspect considering the financial aspect and other relevant matters. Since the railway has already made proposals to the State Government for construction of a road, as we have been informed by the learned Standing Counsel for the Railway, the issue involved in the present PIL is taken care of and, accordingly, the PIL is closed. The petitioners will always be at liberty to approach the State Government for the purpose of construction of the road”, the order reads./ILNS/SS/SNG

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