DINESH SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this petition in public interest for issuance of a direction to the respondents No. 1 to 3 : (1) to change the timings of Train No. 1141 Dn and Train No. 1142 Up from morning to evening so that these trains would reach their respective destinations in the early hours of the morning of the next day; (ii) to change the route of other Express trains, namely, 4005 Nizamuddin -Indore and 4006 Indore -Nizamuddin, 5045 Gorakhpur -Ahmedabad and 5046 Ahmedabad -Gorakhpur and also 4309 Ujjain -Dehradun and 4310 Dehradun -Ujjain and divert them on the Gwalior -Indore route; (iii) to furnish a time bound programme when new and fast trains will be introduced on Gwalior -Indore route; (iv) to direct respondents No.4 and 5 to restrain video coach operators from operating illegally buses from Gwalior to Indore; (v) to direct respondents No. 1 to 3 to provide 3 tier sleeper coaches in the Intercity Express trains so that the public at large would have better and convenient facility and (vi) to direct the/ respondents No. 1 to 3 to fix a date for the commencement of the Intercity Express.

(2.) IT is stated that there was a narrow gauge railway line from Gwalior to Shivpuri since prior to independence. It is stated that about 15 years prior to the date of filing of this petition the respondents took a decision to develop a new railway from Guna to Etawa via Shivpuri -Gwalior and steps were taken by them to stop the narrow gauge tram service and to remove the narrow gauge line. It is stated that in the last 15 years crores of rupees were spent for developing the railway line on this route and by now only the railway line from Guna -Gwalior was completed, and the respondents are waiting to introduce the train services of public utility for an auspicious day. In para 5.4 it is stated that on 20.5.1999 a news was published in the newspaper 'Dainik Bhaskar' that it was decided to introduce Gwalior -Indore Intercity Express from 2.7.1999 thrice a week i.e. Train No. 1141 Dn from Indore to Gwalior and 1142 Up from Gwalior to Indore and timetable of these new trains was also published in the said newspaper. According to the timetable so published Train No. 1142 Up Gwalior -Indore at 9.10 p.m. and Train No. 1141 Dn Indore -Gwalior was to leave Indore at 8.10 a.m. reaching Gwalior at 9.30 p.m. Annexure P -1 is the copy of the timetable.

(3.) IT is contended that subsequently on 30th May 1999 news was published in the newspaper 'Dainik Bhaskar' (which is Annexure P -2) that the tram timings of the Intercity Express has been changed. The petitioner alleges that this has been done in connivance with the private bus operators. It is stated that on 31.5.1999 again news was published in the newspaper 'Dainik Bhaskar' that there was great objection to the timings of the Intercity trains starting from the two cities. In papa 5.10 the contention is that the timings fixed are not at all convenient and only one train has been introduced after a long waiting. On 23.6.1999 a press statement of the Railway authorities was published in the newspaper 'Nav Bharat' to the effect that the Intercity Express has been cancelled until further orders. The Railway has not assigned any reason for the cancellation of the train. The petitioner, therefore, has filed this petition on the ground that the fixation of the timings of 1141 Dn and 1142 Up Intercity Express trains from Indore to Gwalior and Gwalior to Indore are not at all convenient to the public at large and the purpose of introducing the new trains on this route has completely frustrated. More or less similar grounds have been urged in grounds (aa) (aaa), (b), (c) except in ground (d) where it is stated that the distance from Indore to Delhi via Guna is 877 KM while the distance from Indore to Delhi via Nagda, Kota, Mathura is 829 KM. The Intercity Express No. 4005 Dn and 4006 Up running between Nizamuddin and Indore and from Indore to Nizamuddin arc immediately required to be diverted to this route, as the route from Indore to Nizamuddin via Nagda is a very busy route, as a number or trains run on this route, such as Rajdhani Express, August Kranti Express, Janta Express, Sarvodaya Express, Frontier Mail, Dehradun Express, etc. The relief prayed for is change of the timings of the Intercity Express Trains No 1141 Dn and 1142 Up from the morning to the evening hours so that these trains would reach their respective destinations in the early morning of the next day.