Abdul Hamid v. The Union of India and 5 Ors

PageoNo.#o1/3 GAHC010076992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/21/2024o ABDULoHAMIDo S/O-oABDULoKARIMoKHAN,o RESIDENToOFoVILLAGE-oDAKSHINKUL,o P.O.-oBHANGABAZAR,o DIST.-oKARIMGANJ,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,o MINISTRYoOFoRAILWAYS,o NEWoDELHI-o1. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY o PWDoDEPARTMENToTOoTHEoGOVT.oOFoASSAM o DISPUR oGUWAHATI-6. 3:THEoDISTRICToCOMMISSIONER oKARIMGANJ o(ASSAM). 4:THEoGENERALoMANAGERo(CONSTRUCTION) oN.F.oRAILWAY oMALIGAON oGUWAHATIo(ASSAM). 5:THEoCHIEFoENGINEERo(CONSTRUCTION) oN.F.oRAILWAY/oSILCHARoASSAM. Page No.# 2/3 6:THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) N.F. RAILWAY/ SILCHAR ASSAM For the petitioner : Mr. F.Z. Mazumder, Advocate For the respondents : Mr. S.S. Roy, C.G.C. For respondent Nos.1,4,5 & 6 Mr. D. Nath, Senior Govt. Advocate, Assam For respondent Nos.2 and 3

– B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM 06-08-2024 (Vijay Bishnoi, C.J.)

¶1This PIL petition is filed by the petitioner with a prayer to issue a direction to the respondent authorities to construct road under bridge (RUB) at the crossing point between Rupasibari and Chargola at Railway chainage 195/4-5 (new pillar No.179/5-5) in Badarpur Karimganj railway section on village road which is connected to NH 44 in public interest.

¶2Counter affidavit has been filed on behalf of the State wherein it is stated that as a matter of fact, there is no need to construct RUB as demanded by the petitioner since there are alternative roads available to the petitioner as well as fellow villagers for commuting. It is also submitted that three roads are going to be constructed for which fund has also been sanctioned and that will cater the need of the residents of the area.

¶3Having heard the learned counsel for the parties and after going through the material available on record, we are of the view that as regards the Page No.# 3/3 construction of RUB and other infrastructure facilities for the public is concerned, the authorities are the best judge and they can take a suitable decision looking to the need of the people of the area. We hope and trust that the authorities concerned shall take every possible measure to cater the need of the people of the area as ventilated in this PIL petition.

¶4However, if the petitioner or other villagers still remain aggrieved, they will be at liberty to approach the concerned authorities either in the State Government or in the Northeast Frontier Railway by filing representation ventilating their grievances.

¶5It is expected that if any such representation is filed on behalf of the petitioner or other affected persons, their representation shall be considered objectively and shall be decided within a period of six weeks from the date of receipt of the representation. With these observations, this PIL petition is closed.

JUDGE CHIEF JUSTICE Comparing Assistant