Civil Writ Petition No.1955 of 2008 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1955 of 2008 Date of decision: September 25, 2008. Rattan Aggarwal ...Appellant(s) v. Secretary, Ministry of Railways & Ors. ...Respondent(s) CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Ranjan Lakhanpal, Advocate, for the petitioner. Shri Puneet Jindal, Advocate, for respondents No.1 & 2. Mrs. Madhu Dayal, Additional Advocate General, Punjab for respondents No.3. ORDER T.S. Thakur, CJ – (Oral): This petition purports to have been filed in public interest. It prays for a mandamus directing the respondents to re-open the level crossing adjoining the road over-bridge in Kot Kapura and to extend the foot over-bridge beyond the platform for use by public on the railway Civil Writ Petition No.1955 of 2008 -: 2 :- station. We have heard learned Counsel for the Petitioner and perused the record. The petitioner had filed a representation even before the National Human Rights Commission, New Delhi which representation was, it appears, forwarded to the Railway Board for appropriate action. Upon consideration, the Executive Director, Civil Engineering/B&S, Railway Board has dealt with both the issues, namely, (i) level crossing near road over bridge at Kot Kapura; and (ii) extension of foot over-bridge beyond platform for public use in his Office Memorandum dated 19.2.2004 in the following words:- i) Level Crossing near Road over Bridge at Kotkapura Road Over Bridge at Kotkapura was constructed on cost sharing basis in lieu of level crossing No.25/A and commissioner for road traffic on 2.11.2000. As per policy and undertaking given by the State Authorities for closure of level crossing after completion of Road Over Bridge, the level crossing was closed on 2.11.2000 as per undertaking given by State Govt. while sponsoring the proposal for construction of ROB. Reopening of level crossing is not desirable in view of safety consideration for road and rail traffic. Incidentally, it is mentioned that there is a level crossing i.e. L.C. No.B-24 at distance of 600 m from the demanded location (closed level crossing No.B-25) which can be used by public for crossing the track. ii) Extension of foot Over Bridge beyond Platform for public use at Kotkapura Civil Writ Petition No.1955 of 2008 -: 3 :- Extension of foot over bridge beyond platform for public use does not fall under the responsibilities of the Railways. However, if necessary it can be considered on deposit terms i.e., the State Govt./Local Administration have to consider the request and sponsor the proposal duly agreeing to bear the entire cost of construction and recurring maintenance thereof. Zonal Railways have also been agreed to forward the copy of complaint to State Govt. for final consideration. We find no irrationality or perversity in the view taken by the Railways in the decision extracted above. Whether or not there should be a level-crossing near road over-bridge and whether or not the foot over-bridge beyond platform ought to be extended, and if so to what extent, are matters to be examined by the railway authorities competent to do so. In the absence of any palpable abuse of power, irrationality or negligence in the exercise of powers that are vested in the authorities affecting the public in general, we see no reason to interfere in these proceedings. Dismissed. No costs. [ T.S. Thakur ] Chief Justice September 25, 2008. [ Surya Kant ] kadyan Judge