IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8783 of 2009 1. SHAHIDE AZAM BHAGAT SINGH VICHAR Manch Vaishali, Hazipur through its coordinator, Sri Manoj Bhushan sonof Shri Upendra Singh, R/o village Abdulpur, PS Hazipur Sadar, District Vaishali 2. Ram Balak Singh, Member of the Shahide Azam Bhagat Singh Vichar Manch, Vaishali, son of late Jagdeep Singh, R/o Village Naurangabad, PS Hazipur Sadar District- Vaishali 3. Janardhan Prasad Singh , Member of the Shahide Azam Bhagat Singh Vichar Manch, Vaishali, son of late Mohit Singh, R/o Village Agalwari, PS Hazipur Sadar District- Vaishali Versus 1. THE UNION OF INDIA through Secretary, Deptt of Rail, New Delhi 2. General Manager, East Central Railway, Hazipur 3. Divisional Railway Manager, East Central Railway, Hazipur 4. District Magistrate, Hazipur ----------- 6 17-09-2009 Heard the parties. Let separate reports from District Magistrate, Vaishali and A.D.E.N./Line/Sonepur both dated 14-9-09 be kept on record. Petitioners have preferred this writ petition by way of public interest litigation for prohibiting the respondents railway authorities from going ahead with construction of boundary wall at Khata no. 44887 Moza Bagh Musha, Naurangabad, Hazipur under PS Hazipur District-Vaishali on the ground that construction of such boundary wall by the railway at their own land will prevent passage to the people who have built their houses in the adjoining area of the village Naurangabad. On the basis of materials available on record, particularly, the latest reports received from the District Magistrate and railway authorities it is clear that passage of some of the residents living in some houses in near vicinity of railway land will be adversely affected although there appears to be alternative 2 passage for most of the other houses but width of such available passage is also, according to district authorities, not sufficient. Learned counsel for the petitioners submits that railway must act reasonably and should not erect the boundary wall even over their own land so as to affect the easementry rights of the nearby residents who have been using part of the railway land for passage since more than 65 years. It has further been suggested that in view of the report of the district authorities they should themselves take initiatives in negotiating with railway so that some land is made available near the proposed boundary wall which may be used as passage. Learned counsel for the railway submits that like other land owner railway is well within its rights in erecting the fence on its own land in order to provide safety and security to users of railways and for the grievance of the petitioners that their easementry rights is being adversely affected, which is to be established, they must approach appropriate Civil Court because establishing such a right will require appreciation of evidence. Considering the hardship of the petitioners and the stand of the railway which is not unjustified in law, we are of the view that the writ petitioners should be given liberty that if their easementry rights are being adversely affected they may approach the Civil Court through a properly constituted suit to seek appropriate relief in accordance with law. Besides such obvious remedy available to the petitioners, we also observe that the 3 concerned district authorities should themselves also consider the entire relevant facts and if the hardship expressed by the petitioners is related to a large number of residents who have settled in the area by constructing their houses for a number of years, then by appropriate negotiations or land acquisition proceeding the district authorities, if they feel necessity, may take steps for constructing a passage or road near the proposed boundary wall of the railway. It is expected that the district authorities shall take appropriate steps, one way or the other, on appreciation of all the relevant facts at an early date, preferably, within a period of three months from today. The writ petition is disposed of. BKS/- (Shiva Kirti Singh, ACJ.) (Jyoti Saran, J.)