UNION OF INDIA Vs. NAGAR MAHAPALIKA GORAKHPUR

JUDGEMENT

(1.) This is a very unusual petition. The petitioner has been filed by Union of India, North Eastern Railway Head Quarter, Gorakhpur. The petition is directed against Nagar Mahapalika, Gorakhpur and its Chief Engineer, arrayed is respondents No. 1 and 2. In effect it is a, writ petition filed by the State against a State.

(2.) The Court has read the writ petition and heard learned counsel for the parties and is dis- mayed to find that for thirty years public plans for modernisation of railways in and around Gorakhpur Division has remained stalled because the Nagar Mahapalika, Gorakhpur, insists on put- ting up yet more shopping centres near the rail- way tracks or the railway station. The record of the railway administration shows that the fond, otherwise, belongs to the railways. But, it is the desire of Nagar Mahapalika, Gorakhpur that the North Eastern Railway should relinquish its claim d from this land. The discussion between the North Eastern Railway and the Nagar Mahapalika, Gorakhpur, started 30 years age. These were matters about modernisation of Layout of the railways and giving better facility to the region of Gorakhpur and its citizens. The Nagar Mahapalika, Gorakhpur has a constricted approach in con- strutting shops near the land of railways. The railway authorities are not very happy with this plan and would like the plans and constructions of the shops either to be dropped or to be kept as far away from the railway tracks and railway areas is possible.

(3.) First, the Court is not very happy that the Union of India has had to file a writ petition against the local administration. It, only shows that the dialogue between the two administrations has broken down. This type of litigation of a State filing cases against a State, or its local administration, has been discouraged by the Supreme Court (1992 Supp. (2) SCC 432 : ONGC v. Collector, Central Excise). This Court, also following the " decision of the Supreme Court, held that inter" state disputes, as litigation, as far as possible, should be kept away and before such disputes are _ filed in, Court a committee should examine the issues between the two State departments or local administration. (Writ Petition No. 1135 of 1993, Decided on 6-7-1993 Pradeshiya and Investment Corporation of U.P. v. Dy. Collector (Collection/ Sales Tax), Nainital).