LAWS(CAL)-2024-5-148

ORISSA METALIKS PRIVATE LTD. Vs. UNION OF INDIA

Decided On May 10, 2024
Orissa Metaliks Private Ltd. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present writ petition has challenged a letter bearing no. W/DRG/WL/SER-KGP-2023-offline-66 dated April 3, 2024 and a letter bearing Way leave/RMPL/West/953 dated April 4, 2024. By virtue of the impugned documents, the Railway Authorities have granted purported revival of a Way leave permission to the respondent no. 6 for constructing and running a water-pipeline under Railway property.

(2.) It is contended by learned senior counsel for the petitioner that way leave permission had been granted to the respondent no. 6 for a water-pipeline at 1.2 m depth on July 10, 2007 which was valid for ten years and expired in the year 2017.

(3.) Subsequent thereto, way leave permission was granted to the petitioner by the Railways on February 1, 2019 for a two-span underpass starting at the depth of 800-900 mm.