GURBAX COLONY RESIDENT ASSO. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the residents of one Gurbax Colony for seeking issuance of directions to the respondents to provide access to the residents of the colony to the road which is the only source of commutation for the residents of Gurbax Colony and Balmiki Colony to the rest of the town of Kalka and to direct the Railways to provide Railway over bridge for the commutation for the residents of the said colonies.

(2.) Briefly summarized, the facts of the present case are that the petitioners who are residents of Gurbax Colony situated in Kalka claim the said colony to be inhabitant by more than 200 families. The said colony is adjacent to another colony namely Balmiki Colony. The grievance of the petitioners is that respondent No.1 and 2 i.e. the Union of India as well as the Divisional Railway Manager, Ambala Cantt. Ambala had barricaded the passage leading towards the access of the houses of the residents of Gurbax Colony. It is contended that the petitioners have been residing in the said colony for the last more than 10-15 years and have been duly paying all statutory taxes and charges claimed by the respective Agencies and Instrumentalities of the State. The colony in question has been constructed as per the by-laws of the Municipal Council and after seeking necessary approvals for the constructions of the residential houses. It is averred that there is a street connecting the Gurbax Colony with the Kalka City and the pillars have been raised by the respondents-Railways which obstruct the residents of the colony from commuting within the Kalka City. A representation dtd. 9/5/2011 was submitted to the Sub Divisional Magistrate, Kalka for providing a permanent passage to facilitate the movements of the residents of the colony. The same was claimed to have been endorsed by the Sub Divisional Magistrate, Kalka to the Secretary, Municipal Corporation Kalka for inquiring into the matter and submission of report. A similar representation was also submitted to the Divisional Railway Manager, Northern Railway, Ambala Cantt. Ambala on 7/7/2011 praying for providing level crossing or constructing a Railway over bridge. It was also alleged that the residents of the colony have to pass through 12 feet wide street which passes over the railway line in order to access the public amenities like school, hospitals and the markets for the purpose of having any meaningful existence. Despite the submission in the said representations, the level crossing and/or Railway over bridge had not been constructed by the Railways and/or the State Government due to which the hardships of the residents of the said colonies have been compounded.

(3.) A reply had been filed by Manita Malik, HCS, SDM, Kalka on behalf of respondent No.3, wherein it was stated that the feasibility plan qua providing any additional/alternative mode of commutation is to be provided by the Railways taking into consideration the site conditions and problems of the inhabitants and that the same being a part of the railway property, the respondent No.3 i.e. the State of Haryana does not have much control.