BAIDYANATH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner raising a public cause to the effect that the respondents, which include authorities of the South Eastern Railways 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 constructing 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 Katharkocha 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.

(2.) A show cause notice was issued to the respondents in response to which the authorities of the South Eastern Railway has filed affidavit stating therein that the construction of road from Birsa Chowk to Katharkocha is not possible. However, it is admitted by them that a road from Katharkocha to Birsa Chowk is unauthorisedly being used by the commuters for the last more than 100 years and that road is sufficient for the use of the commuters and a new road is not required for the people living in the vicinity.

(3.) IN view of the concern expressed by the counsel for the respondent -railway to the effect that the South Eastern Railway has already a project for the use of the land, which is due to be started shortly and hence will require this land, we reiterate that the liberty already referred to hereinbefore may be availed by seeking a direction from this Court for modification or withdrawal of this order by which road is ordered to be constructed as we have gathered after hearing the counsel for the parties that although this road is being used for the last 100 years, it is neither being used for any project by the Railways nor the construction of a pucca road has taken place. Hence no purpose would be served by allowing the land to be used as kutchcha road by putting a restraint onr construction of a pucca road.