M. JASMINE Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are residing in close proximity to the Kaniyapuram Railway Level Cross (LC No.573) and are aggrieved by the alignment fixed for the Railway Over Bridge (ROB) proposed to be constructed over the level cross. According to the petitioners, if the ROB is constructed as per the alignment presently fixed, it will lead to displacement of numerous families, including that of the petitioners. Petitioners allege that the present alignment is the result of an unscientific deviation made, to save the properties of certain bigwigs. Petitioners contend that the skew angle of the curved deviation should be 33 degrees instead of the 22 degrees presently provided. Petitioners had highlighted their grievances before the authorities by filing appropriate representations and had approached this Court when the representations were left unattended.

(2.) The task of constructing the ROB has been entrusted with the third respondent. While this writ petition was pending, the third respondent had taken up the petitioners' grievance before the 7th respondent, the result of which has been communicated to the Government under Ext.P31. The relevant portion of Ext.P31 reads as under:-

(3.) The learned Counsel for the petitioners submits that Ext.P31 reflects a positive response to their grievance and therefore, for the present, the petitioners would be satisfied if they are afforded an opportunity of hearing before finalisation of the plan for the ROB.