N. MURALI KRISHNA Vs. SOUTH CENTRAL RAILWAY

JUDGEMENT

(1.) This public interest litigation has been filed by the petitioner for the following relief.

(2.) The case of the petitioner is as follows. The entire land in question belonged to Nizam who on request of British Cantonment has leased the same. On formation of the State of Andhra Pradesh, the Railways took the said land of 104 acres on lease on an annual rent of Rs.5. The first respondent, South Central Railway knowing fully well about the same, initially put the barricades and has now constructed the wall on part of the road and is making constructions restricting the thoroughfare. The traffic has increased and to create hardship to the commuters and the users of 80' road, the first respondent has encroached upon from its compound wall, and boundaries have put up with mud and fenced initially and then constructed wall removing the fencing and is now making constructions on the other stretch. The first respondent without any manner of right, taking undue advantage of its quarters and most of its offices located within the area, proclaiming and projecting its rights over the public road.

(3.) In sum and substance, right, title and interest in the said stretch of land comprise of public road is questioned.