Chief Justice's Court
Case :- MISC. BENCH No. - 7384 of 2015
Petitioner :- Rajendra Kumar & 8 Ors. [ P.I.L. ]
Respondent :- Union Of India Thru. Secy. Railway New Delhi & 6 Ors.
Counsel for Petitioner :- Rajesh Kumar Sharma,B.Q. Siddiqui
Counsel for Respondent :- C.S.C.,Pankaj Srivastava
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Shri Narayan Shukla,J.
The petitioners seek to challenge a decision of the railway authorities to close
an unmanned level crossing, bearing Gate No.27/C at Ugu Railway Station
situated between the Railway Station Safipur and Bangermau.
In the counter affidavit, which has been filed by the Assistant Divisional
Engineer, the reason for the closure of the unmanned railway crossing has
been indicated. Basically, the reason for the closure is the safety of residents.
Moreover, it has been stated that within a distance of two kilometers, there are
five unmanned railway crossings out of which, only one has been closed.
Moreover, other railway crossings are available at a short distance. Quite
apart from the disclosures, which have been made in the counter affidavit and
which, in any event, are indicative of the fact that the decision has been taken
for valid reasons, we are of the view that the petition raises a pure issue of
policy. The Court cannot mandate whether an unmanned railway crossing
should be opened as is sought by the petitioners. We see no reason to entertain
the petition.
The petition is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 18.8.2015
RKK/-
(S N Shukla, J) (Dr D Y Chandrachud, CJ)