BAIDYANATH PRASADSENIOR DIVISIONAL ENGINEER (EAST) RANCHI Vs. STATE OF JHARKHAND & ORS.BAIDYANATH PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties. This review petition has been preferred by Senior Divisional Engineer (East), Ranchi seeking review of order dated 12.09.2008 passed in W.P.(PIL) No. 1114 of 2008.

(2.) Facts of the case, in brief, are that the respondent (Baidyanath Prasad) preferred one writ petition in the form of 'Public Interest Litigation', which has been registered as W.P. (PIL) No. 1114 of 2008. In the writ petition, the writ petitioner prayed that the authorities of the South Eastern Railway as also the Secretary, Ranchi Regional Development Authority (R.R.D.A) be directed to stop the operation of earth removing work which is taking place for construction of drains from Katharkocha to Birsa Chowk and further the authorities of the South Eastern Railway be directed to construct a pucca road from Birsa Chowk to Katharkocka or to construct underground railway crossing at Katharkocha and in the alternative, connect the road to Katharkocha railway bridge taking into consideration the interest of the people living in that area.

(3.) The respondent-railway authority submitted that construction of road, as; suggested by the writ petitioner, is not possible as it is Railways land near Railway line and is needed by Railway. However, it was admitted that the land was used for road but unauthorizedly by the petitioner and the residents of the locality for last more than 100 years and new road is not required for the people living in that area.