THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 26062 of 2008 Dated: 11-8-2009 Between: The Social Service Society, Rep. by its Secretary Sri J.C.Basappa and another. …Petitioners and TheEngineer-in-Chief, R & B Department, Yerramanjil Colony, Hyderabad and others. …Respondents. ORAL ORDER: (Per GR, J) The writ petition is without merit. The grievance herein is to the respondents proceeding to construct a Railway Over Bridge (ROB) in Dhone town between Railway KM 296/05-06 and 332/02-03, pursuant to a notification dated 10-6-2008. This is alleged to be illegal. A direction is sought to the respondents to consider alternative proposals made by the petitioners and other citizens of Dhone for construction of the ROB. On behalf of the respondents, the 3rd respondent has filed a counter- affidavit. The answering respondent states that the proposal for construction of a ROB at Dhone was approved in 2006-07. A joint inspection was carried out by the R & B and the Engineering department of the Railways and pursuant to the consequent report as to the appropriate location for construction of ROB, proposals were approved for construction of ROB at L.C.No. 166 and 150. After obtaining sanction from the Government and earmarking of funds, tender notifications were issued. There was no however satisfactory response thereto. While so, the Superintending Engineer, R & B received representations from the local political leaders and residents of Dhone on 10-6-2008 suggesting alternative locations for construction of the ROB. On receiving the representations, the R & B department conducted another survey, duly considering the various alternative sites proposed by the representationists. Consequent on such survey, it is revealed that the construction is feasible and optimal only at L.C.No. 166 and 150 and that the construction of ROB at the alternative locations suggested by the representationists is not feasible. In conclusion, the answering respondent states that the grievance of the petitioners is unfounded and that adequate, due and professional consideration has been accorded to identify the appropriate location for construction of ROB. The identification of the appropriate location for construction of ROB in Dhone town is a matter for professional assessment by the experts and a matter primarily within the executive domain. From the counter-affidavit of the 3rd respondent, it is apparent that in the joint survey conducted by the Railways and R & B department, the location has been identified and after receipt of representations from the local inhabitants, the matter was again considered, but the earlier decision as to location, reiterated. In the aforesaid circumstances, no case is made out for interference. The writ petition is dismissed. No costs. ____________________________ GODA RAGHURAM, J ________________________________ RAMESH RANGANATHAN, J 11th August, 2009. GRR