IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WA.No. 432 of 2009() -------------------- {IN WPC.37793/2008 OF THIS COURT} .................... APPELLANT(S)/PETITIONER: H.NAZEEMA, THOPPAYATH VEEDU, MUSLIM STREET, KOTTARAKKARA, KOLLAM DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S)RESPONDENTS: 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (CONSTRUCTIONS), SOUTHERN RAILWAY, KOLLAM. 3. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTHERN RAILWAY, KOLLAM. 4. THE SPECIAL TAHSILDAR (LA) NO. II, RAILWAYS KOLLAM. 5. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, KOTTARAKKARA. R2 TO R4 BY ADV.SRI.N.B.SUNIL NATH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------------------------------- W.A.No.432 of 2009 -------------------------------------------------- Dated this the 25th day of February, 2009. JUDGMENT GIRI, J. The challenge in this appeal is against an interim order passed by a learned single Judge vacating an earlier stay granted by the judge. The writ petition has been filed challenging the notification issued under the Land Acquisition Act on the ground that there is no public purpose as such. The public purpose mentioned in the notification is conversion of the Kollam Punalur meter-guage to broad-guage. There cannot be any doubt that the purpose as such is a public purpose. The writ petitioner contended that as per the original notification, land was sought to be acquired for the purpose of conversion of the Kollam Punalur Railway line. According to her, the work is almost completed and therefore, there is no necessity to acquire more land for the same purpose and hence there is no W.A.No.432 of 2009 :: 2 :: justification for further acquisition. It is contended in the writ petition that as per Ext.P8 notice, the purpose shown is 'guage conversion of Railway Track between Kollam-Punalur. But this is not the actual purpose. 2. In the counter affidavit filed by the respondents, it is affirmed as follows, in paragraphs 2 and 3: “2. It is submitted that the Guage conversion between Quilon and Punalur, the existing Rail Over bridge, hereinafter mentioned as Rail Over bridge, No.2213, at Muslim Street, Kottarakkara was constructed at a distance 20 meters towards Punalur side. The Railway alignment at this location is on 5 degree curve. The old as well as the bridges are perpendicular to the track and due to the curvature of the track, alignment of the bridge and approach had deviated. This has resulted in a sharp curve on the approach of the Rail Over bridge to Puthoor Side. 3. It is submitted that the existing bridge was only 4.20 meters whereas the new bridge is 7.5 meters, which has resulted in making the approach road also in line W.A.No.432 of 2009 :: 3 :: with it. The height of the bridge above rail was 5.53 meters and is to be increased to 8.15 meters to suit the Broad guage standard. All these aspects have contributed for the re-alignment and re-grading of the approach road in line with the bridge standards. The 5th respondent vide letter No.A 1.886/07 dated 11-1-08 has requested to acquire additional land on Puthoor side approach to negotiate the curve portion. The land to be acquired was marked and Railway has given requisition to the Revenue Authorities for acquiring the additional land. A true copy of the letter No.A1.886/07 dated 11-1-08 issued by the 5th respondent to the Railway Executive Engineer is produced herewith and marked Exhibit R2(a).” 3. There cannot be any dispute that the acquisition for widening of the approach road leading to the Railway track is also necessary to see that the Rail Over bridge has the requisite width, which again is necessary for conversion of the Meter-guage to Board- guage. In other words, the purpose mentioned in the notification and in Ext.P8 is synonymous in material W.A.No.432 of 2009 :: 4 :: particulars. They come under the original purpose namely, land required to facilitate conversion of meter guage line into a broad guage line. In these circumstances, the learned single Judge was justified in vacating the interim order already granted. We do not find any ground to interfere with the order passed by the learned single Judge. Accordingly, the appeal is dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge