SHRINIWAS GYANDEORAO MUNDHE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has instituted the present Public Interest Litigation seeking, in substance, directions to the respondent authorities to cancel the proposed construction of a Railway Over Bridge/Railway Under Bridge with service road on Gangakhed -Akoli -Kodri Road (State Highway-34) at Km 0/00 on LC No.17 (Railway Chainage 295/8-9), Taluka Gangakhed, District Parbhani, and to quash and set aside the e-tender notice bearing No.44 for the year 2024 -2025 dtd. 14/2/2025, issued by the Executive Engineer, Public Works Division, Parbhani.

(2.) The petitioner asserts that the very foundation of the proposed work has ceased to exist because the Railway Administration has, according to him, altered its plans relating to doubling of the railway line between Parbhani and Parli stations, and has decided to shift the alignment of the railway track by about 2 -3 kilometres away from the existing track, thereby proposing elimination of LC No.17. It is on this premise that the petitioner contends the proposed overbridge/flyover at the existing location is unnecessary, wasteful of public funds, and legally unsustainable.

(3.) The factual narrative set out in the petition is as follows. Initially, respondents, including the Union of India and the Railway authorities, had decided to undertake a project of doubling of the railway track between Parbhani and Parli railway stations, the project cost being stated to be about Rs.625.08 crores. The petitioner's case is that later the Railway Department decided not to construct doubling by taking the existing alignment, and instead resolved to shift the track alignment 2 -3 kilometres away from the existing track, and to eliminate LC No.17. It is stated that respondent No.2 addressed a communication dtd. 25/7/2024 to the Executive Engineer, Public Works Division, Parbhani (respondent No.8) and to the Sub-Divisional Engineer, Gangakhed PWD (respondent No.9), informing them of the said decision/intention. The petitioner contends that once such communication was issued, it was not justifiable for the PWD to proceed with any tendering for construction of a bridge at LC No.17 on the existing alignment, as the bridge would become redundant upon the track shift.