D.B.CIVIL WRIT PETITION NO.6027/2007 Gautam Chand Dhelaria v. Union of India & ors. Date of order : 01.10.2007 HON'BLE THE CHIEF JUSTICE MR. J.M.PANCHAL HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Harish Purohit for the petitioner By filing the instant public interest litigation under Art. 226 of the Constitution the petitioner has prayed to direct the respondents to complete the work of conversion of Samdari to bhilari Railway Section within a reasonable time preferably by the end of September, 2008. Samadari – Bhilari is a meter Gauge line of Jodhpur Division of NW Railways. The Gauge conversion of this line was sanctioned in 1999-2000. The detailed estimate of the project was also sanctioned in October, 2002. After the project was sanctioned, it remained frozen till 2002. The case of the petitioner is that though the respondents have completed large extent of work of conversion from meter gauge to broad gauge, only a small portion of 75 Kms. is left out, and as the respondents have not taken prompt action to complete the conversion of the said portion from meter gauge to broad gauge it has resulted into problems for the residents residing in the nearby area. What is claimed by the petitioner is that delay in the work of conversion is detrimental to the interest of all including the respondents and therefore, the respondents may be directed to complete the work of conversion of Samdari – Bhilari railway section latest before September, 2008. Under the circumstances, the - 2 - petitioner has filed the instant petition and claimed the relief to which reference is made earlier. This Court has heard the learned counsel for the petitioner and considered the documents forming part of the petition. It may be mentioned that the General Manager/CC&P of Rail Vikas Nigam Limited has addressed a letter dated August 22, 2007 to the petitioner which is produced as Annexure 3 to the petition. The said letter reads as under : “With reference to your above letter addressed to Managing Director, RVNL, the following remarks are offered:- Bhildi-Samdari (223.44 Km) is a meter gauge line of Jodhpur division of NWR. The Gauge Conversion of this line was sanctioned in 1999-2000. The detailed estimate of the project was also sanctioned in October, 2002. After the project was sanctioned, it remained forzen till 2002. Now track at both the ends is already coverted into BG. The Gauge Conversion work of this line has now been undertaken by RVNL. The agency for execution for the works have already been finalized and physical works has started at site. The work is being executed under supervision of Chief Project Manager, RVNL, Jaipur. This is expected to complete the GC of this line by the end of next financial year.” A bare glance at the contents of the above quoted letter makes it evident that the gauge conversion work of Bhilari-Samadari line has now been undertaken by RVNL. The letter further indicates that the agency for execution of the works have already been finalized and physical work has started at the site. As per the contents of the above quoted letter the work is being executed under supervision of Chief Project Manager, RVNL, Jaipur and the work is expected to be completed by the end of next financial year. In view of the contents of - 3 - the letter dated August 22, 2007, this court is of the opinion that the prayer made in the petition cannot be granted inasmuch as the work concerned has also financial implications. On the facts and in the circumstances of the case this Court is of the opinion that no ground is made out by the petitioner for granting the relief claimed in the petition and therefore, the petition is liable to be dismissed. For the foregoing reasons the petition fails and is dismissed. (GOPAL KRISHAN VYAS )J. (J.M.PANCHAL), C.J. mathur/