CHITTARANJAN MAITY Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred from an order dated 22nd Nov., 1996, dismissing the writ application

(2.) The writ petitioner applied to the Senior Divisional Engineer (Co-ordination) at Kharagpur for permission to fill up unused railway borrowpits by fly ash A survey was held of the area. the survey report indicated three conditions subject to which the dumping should be permitted. By a letter dated 5/4 7 96, the South Eastern Railway wrote to the petitioner permitting him to fill up the borrowpits between certain specified kilometres and incorporating the three conditions mentioned in the survey report. The writ petitioner wrote a letter on 26th July, 1996 submitting that he should not be asked to comply with the second condition mentioned as he would suffer financially. By a letter of the same date the petitioner wrote to the railway authorities asking for handing over the physical possession of the land and stating that he was interested in starting the work immediately.

(3.) According to the records produced by the railway authorities the permission granted to the petitioner to fill up the borrowpits by fly ash was cancelled by a letter dated 30th July, 1996. Subsequently, the railway authorities issued a tender on 7th Oct., 1996, inviting applications for, inter alia, filling up of the borrowpits with fly ash and earth covering the area for which the permission had been granted to the writ petitioner. The last date for opening of the tender was 27th Nov., 1996. Tender forms, which were to be obtained from 1.11.96 to 26.11.96, were to be had from the railway authorities upon payment of Rs. 300.00. Earnest money was also to be deposited at the rates specified.