Rajendra Kumar & 8 Ors. [ P.I.L. ] v. Union Of India Thru. Secy. Railway New Delhi & 6 Ors.

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)