DINESH CH. PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Dinesh Chandra Paul and 13 others have preferred this Public Interest Litigation, essentially against the Union of India, Railway Department and other related functionaries questioning the path of overbridge being constructed by the Railway Authorities. It has been pleaded that the Railway Authorities are taking steps for constructing Railway overbridge at Hojai Main Road (J.K. Kedia Road), which is a very busy and commercial hub and also lifeline of Hojai without implementing the project for construction of Railway flyover bridge at Natun Bazar (replacing Railway Level Crossing Gate No.JGJN- HJI, ST-40), Nilbagan, Hojai, which was earlier approved.

(2.) It appears that a bridge was to be constructed over path stated as ST-40. Subsequently, however, the respondents in their wisdom changed the path to the proposed path.

(3.) Gist of the issue has been captured by this Court in its order dated 30.01.2019 passed while dealing with I.A. (Civil) No.3314/2018. The order reads as under:-