TARINI MINERALS P LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) TODAY an affidavit has been affirmed by one Ram Bahadur Rai, the chief Planning and Design Engineer of the South Eastern Railway. In this affidavit, on behalf of the Railway authorities the specific prayer appears to be for permitting trial run of the locomotive in the siding. Since this is the prayer of the respondents themselves, I direct the trial run to be conducted complying with all the subsisting regulations and the petitioners are directed to maintain the siding in a safe and satisfactory manner which again appears to be the prayer of the respondents Railway authorities themselves. Such trial run may be conducted within ten days from the date of communication of this order and shall be conducted under the supervision of a competent officer of 2 the Railway having technical knowledge on the subject to be deputed by the deponent of the said affidavit. I pass this order having regard to the fact that the main dispute in this matter is as to whether construction of the railway siding was completed or not.

(2.) LET the matter be listed on 17th December 2009 for final hearing. On that date the report of the Railway authorities as regards the trial run may be produced before this Court.

(3.) ALL parties concerned are to act on a photostat signed copy of this order on the usual undertakings.