RIZWAN AHMED USMANI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) In present Public Interest Litigation Petition, Mr.R.N. Singh , learned counsel for the Respondent Western Railways has submitted that because of the interim order of status quo granted by the Co-ordinate Bench of this Court (Coram: Hon'ble The Chief Justice Mr. Bhaskar Bhattacharya and Hon'ble Mr. Justice J.B. Pardiwala) on 23.07.2014 at the instance of Petitioner Mr. Rizwan Ahmed Usmani who has now expired and he claimed to be General Secretary of the Gujarat Pradesh Congress Committee and also Member of All India Congress Committee, the Western Railways has not been able to implement the project of laying down and constructing the Surat-Udhna upto Jalgaon Third Railway Line Project, for which sum of Rs.2246.85 crore was sanctioned by the Government in 2018 and the length of the Third Line of Railway is approximately 10 kms. and requiring a width of 25 mtrs. all along.

(2.) He submitted that the said area at various spots in and around Surat-Udhna has been encroached by the Petitioner and his likes or persons whose cause be espoused without any semblance of right, title or interest in the land which admittedly belong to the Western Railways and because of this, the said Project of great public importance has been delayed causing enormous loss to the Western Railways and the country and also the general public interest which could have been served by laying the Surat-Udhna upto Jalgaon Third Railway Line Project for Goods which has not been fulfilled and that has caused transportation of incalculable financial and indirect national loss.

(3.) Mr. Dhaval G. Nanavati , learned counsel for the Respondent Surat Municipal Corporation supported the arguments of Mr. R.N. Singh.