LAWS(KER)-2007-1-556

RAILWAY DEVELOPMENT ACTION COUNCIL Vs. UNION OF INDIA

Decided On January 23, 2007
RAILWAY DEVELOPMENT ACTION COUNCIL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Railway Development Action Council has filed this petition under Article 226 of the Constitution of India by way of public interest litigation seeking to issue a writ in the nature of mandamus directing respondents to take steps to complete the land acquisition proceedings for the Guruvayoor -Tanur railway line. It is the case of the petitioner that the public at large travelling between Ernakulam and Kozhikode is facing enormous difficulties. These difficulties could be minimised by opening Guruvayur - Tanur Railway line, which would make a reduction of about 25 Kms. on the Kochi - Mumbai line. Petitioner submitted representations to various authorities like Railway, Government of India and District Collectors concerned, to take speedy steps for acquisition of lands and complete the work at the earliest, but due to the inaction on the part of the authorities concerned the public at large are facing difficulties.

(2.) Mr.Hood, who appears for respondents 2 and 3, has handed over to us a letter dated 29.12.2006 from District Collector, Thrissur addressed to him. We order that this be placed on records. The details of the land acquisition proceedings and present stage has been given in detail. The reasons for the delay in land acquisition proceedings have been mentioned. Ultimately, it is mentioned that it would take approximately one year to complete the acquisition work.

(3.) The Railway line, it appears, has not been made because the acquisition proceedings had not been taken to its logical ends. Counsel for the petitioner when confronted with the position aforesaid, wanted that the respondents should take lesser time than an year to complete the proceedings. We are, however, of the view that acquisition of land under the provisions of the Land Acquisition Act is a lengthy procedure. Seeking an year to complete the acquisition proceedings is not unreasonable and in the circumstances of the case, we dispose of this writ petition directing the concerned respondents to complete the acquisition proceedings as expeditiously as possible and preferably within a period of one year from today. Naturally, after acquisition proceedings the matter would be proceeded further for opening of the Railway line, which has to be done by the Railway authorities.