Not Feasible For Railways To Provide At Every Spot Where Road Crosses Line: Patna HC Dismisses Plea Seeking Level Crossing

“It is not feasible for the Railways to provide level crossing at every spot where a road crosses the railway line. In fact, if blockade is created it would effectively prevent trespass; which is also a measure to protect the villagers from loss of life due to collision by a running train”, a bench of Chief Justice K Vinod Chandran and Justice Madhuresh Prasad observed.

Advocate Shashi Bhushan Kumar Manglam appeared for the petitioner, and ASG Krishna Nandan Singh appeared for the respondent.

In the petition, it was contended that the same would facilitate the safe crossing of the railway line by numerous villagers around the railway track.

The petitioner submitted that the road existed in the revenue map even prior to independence. It was the railway line that came later on the expansion of the track between Sugauli and Raxaul. Further, pointed out that there is a proposal to disconnect the access through the road by providing a blockade on both sides of the railway track.

It was further submitted that on raising the concern through public petitions, the District Magistrate inspected the premises and even considered the request of the villagers, however, no action has been taken yet.

Admitting that there is no railway crossing between Sugauli and Ramgarhwa at K.M. 14/10-11, the Railways in their counter affidavit contended that they noticed unauthorized trespassing into the railway lines by the villagers of the area, which was dangerous for villagers themselves. Therefore, to keep out the unauthorized trespass, with the help of G.R.P. and R.P.F. the area was to be closed. However, the work could not be completed because of the mass agitation.

It also pointed out in the counter affidavit that there is a level crossing already existing with no. 09 at K.M. 15/4-5 which is approximately 456 meters from the area where there is unauthorized trespass.

The bench after considering the facts and circumstances of the case observed, “…The railway lines which also provide the means of transport to the travelling public cannot be allowed to be criss-crossed and trespassed at every point where there is a road crossing the rail track or in the alternative, the rail track crossing the road. The petitioner admits that in the initial stage when the railway track came into place, there was not much traffic on the road, but now it has increased exponentially. Hence even if the railway track was laid across the road there was no requirement for a crossing to be provided at the specific location pointed out by the petitioners”.

Cause Title: Ram Bahadur Pandey v. Union of India through the Ministry of Railway

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