DAMODAR MISHRA Vs. THE EAST COAST RAIL

JUDGEMENT

(1.) The instant proceeding laid as a PIL registers the demur against the proposed demolition of the unmanned level crossing at Gate No. 220-482 Kms/37-39 between Nirakarpur Railway Station and Bhusandpur Railway Station. A direction has been sought for to order the Railway Administration to upgrade the existing unmanned Level Crossing into a manned one in public interest. We have heard Mr. D.Mishra, learned counsel for the petitioner and Mr. A.Pal, learned counsel for the Railway-opposite party.

(2.) The petitioner s pleaded case is that the existing unmanned level crossing exists for the last 170 years and is the life link of the neighbouring villages located on the eastern and western sides of the railway track and is claimed to be the way used by lakhs of people. Besides agricultural lands around, cattle also move through the railway crossing for their grazing near Chitrakut Hill. That vehicular traffic also ply through the said unmanned level crossing has also been pleaded. It has thus been contended that if the same is closed or demolished, it would result in untold sufferings and inconvenience to the general public and more particularly, the inhabitant villagers of the locality. The petitioner has averred that though the demolition or closure of the unmanned level crossing at village Kashipur on 9.1.2014 was proposed, the same was opposed by the general public for which the same could not materialize. Referring to Section 18 of the Railways Act, 1989, it has been urged that in case railway administration apprehends accidents and untoward incidents for the unregulated use of the unmanned level crossing, it is obliged erect a fence/gates/bars thereof. According to the petitioner, if for the failure of the railway administration to take such initiative such accidents occur, it ought to be adjudged actionably negligent and liable to pay compensation.

(3.) The opposite party in their counter affirmed by the Senior Divisional Engineer (South), East Coast Railway, Khurda Road Division while endorsing the validity of the action proposed, have averred that the Railway Board has been emphasizing on the construction of Limited Height subway (in short LHS )in lieu of the unmanned level crossing where embankment height permits and accordingly the proposal was sent to the Collector and District Magistrate, Khurda vide office letter No. Engg./Drg./LC/Closure/695/Pt.IV/92 dated 22.7.2013 for closing down the unmanned level crossing involved and constructing the limited height subway. Referring to the Railway Board letter no. 2003/CE-IV/Misc-2(RUBs) dated 18.4.2012 mentioning that the responsibility for the maintenance of road passing through the subway, lighting, drainage system of diversion road and other works will rest on the State Government, the opposite party have clarified that the entire construction of Limited Height subway will be borne by the railway administration. The opposite party have further elaborated that as per the instruction of the District Collector, Khurda vide letter no. 1183(2) dated 23.8.2012, a joint inspection was held by the Tahasildar, Tangi and Asst. Divisional Engineer, Balugaon, East Coast Railway on 27.8.2012 in connection with the proposed closure of unmanned level crossing and the said exercise revealed the following at the site