1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY 2015 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION No.7725/2013(GM-RES) PIL BETWEEN : 1. BELLARY DISTRICT RAILWAY ACTION COMMITTEE RERESENTED BY ITS PRESIDENT SRI K.M MAHESWAR SWAMY, S/O M BASALINGAYYA, AGED ABOUT 57 YEARS, RESIDENT OF NO: 133 (C) KALAMMA STREET, BELLARY 2. D.R.K. RANGASIRI, BELLARY REPRESENTED BY ITS TRUSTEE AND SETTLER SRI DHARMAVARAM MAHENDRANATH, S/O LATE D RAVINDRANATH, AGED ABOUT 55 YEARS, R/O NO: 86, K.C COMPOUND, BELLARY 3. SRI S INDUSEKHAR S/O LATE SANGANAKAL SANNA SARANAPPA, AGED ABOUT 55 YEARS, FORMER PRESIDENT OF V.V SANGHA, ROCKVILLA, PARVATHINAGAR, BELLARY. 2 4. VEERASAI VIDYAVARDHAKA SANGHA, BELLARY REPRESENTED BY ITS SECRETARY SRI GURUSIDDAIAH SWAMY, BELLARY. 5. BELLARY DISTRICT CHAMBER OF COMMERCE AND INDUSTRY, REPRESENTED BY ITS HONOURARY SECRETARY SRI V RAVI KUMAR BELLARY. 6. BELLARY BAR ASSOCIATION REPRESENTED BY ITS SECRETARY SRI D.S BADRINATH, DISTRICT COURT COMPLEX, BELLARY 7. SRI BELAGALLU VEERANNA S/O HANUMANTHAPPA, AGED ABOUT 78 YEARS, KARNATAKA SANGEET ACADEMY AWARDEE, R/O NO.: 1/19, KANAKA STREET, RADIO PARK C.B., BELLARY. 8. SMT. SUBADRAMMA MANSOOR W/O SRI LINGARAJ MANSOOR, STATE AWARD, NATAKA ACADEMY AWARD WINNER, NAIODI AWARDEE AGED ABOUT 74 YEARS, OPP: SPURTHI SCHOOL NEAR K.E.B OFFICE, OLD TRUNK ROAD, RADIO PARK, C.B., BELLARY. 9. SRI V.M RAJASEKHAR S/O V.M.P. SASTRY, AGED ABOUT 65 YEARS, 4TH CROSS LEFT, M.V. NAGAR, KAPPAGAL ROAD, BELLARY 10. SRI G.M VEERABHADRAIAH RETIRED PRINCIPAL, KOTTUR SWAMY COLLEGE OF EDUCATION, S/O: G.M. VEERAIAH, 3 AGED ABOUT 81 YEARS, R/O NO. 30/1 KAPPAGAL ROAD, BELLARY 11. DR. F.C HOSUR RETIRED PRINCIPAL VEERASAIVA COLLEGE, AGED ABOUT 65 YEARS S/O CHANNAPPA HOSUR, R/AT NO: 60/4, BASAVA SADANA, B.S. COMPOUND GANDHINAGAR, BELLARY 12. SRI. K. THIPPESWAMY EX SENATE MEMBER, GULBARGA UNIVERSITY, S/O K KATTEPPA, AGED ABOUT 57 YEARS, NEAR WATER TANK, MILLER PET, BELLARY 13. SRI P. SATYANARAYANA RETIRED PROFESSOR OF ENGLISH, S/O LATE SRI P RAMA RAO, AGED ABOUT 81 YEARS, V.S. COLLEGE, BELLARY 14. HOSPET BAR ASSOCIATION REPRSENTED BY ITS SECRETARY SRI KOTRESH, HIREMATH, S/O GURUNANJAIAH HIREMATH, AGED ABOUT 46 YEARS, D-NO.70, ANNAPURNA BADAVANE, HOSPET ... PETITIONERS (By Sri.D.L.N. RAO, SR. ADV., SMT. S.R ANURADHA, ADV.,) AND 1. INDIAN RAILWAYS BY ITS CHAIMAN, MINISTRY OF RAILWAYS (RAILWAY BOARD) RAIL BHAVAN, RAFI AHMED KIDWAI ROAD, NEW DELHI- 110 001. 4 2. SOUTH WESTERN RAILWAY ZONE REPRESENTED BY ITS GENERAL MANAGER, CLUB ROAD, KESHWAPUR, HUBLI- 580 023. 3. DIVISIONAL RAILWAY MANAGER HUBLI SOUTH WESTERN RAILWAY, HUBLI DIVISION, CLUB ROAD, KESHWAPUR, HUBLI- 580 023 4. DIVISIONAL RAILWAY MANAGER, MYSORE SOUTH WESTERN RAILWAY, MYSORE DIVISION, MYSORE - 570 002. 5. DIVISIONAL RAILWAY MANAGER, BANGALORE SOUTH WESTERN RAILWAY, BANGALORE DIVISION, GUBBI TOTADAPPA CHATTRA ROAD, BANGALORE- 560 001. 6. BELLARY CITY CORPORATION GADIGICHENNAPPA CIRCLE, OPP. ROYAL THEATRE BELLARY- 538101 7. DEPUTY COMMISSIONER BELLARY CITY CORPORATION, GADIGICHENNAPPA CIRCLE, OPP. ROYAL THEATRE BELLARY- 538101. ... RESPONDENTS (By Sri. ABHINAY V.T., ADV., FOR SRI. N.S SANJAY GOWDA FOR R1 TO R5; R6 IS SERVED – UNREPRESENTED; SRI. T.N. RAGHUPATHY, ADV., FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO IMPLEMENT THE REQUESTS MADE BY THE PETITIONERS HEREIN REGARDING INTRODUCTION OF ADDITIONAL TRAIN SERVICE VIDE ANNX-B (SERIES) TO THE WP. DIRECT THE RESPONDENTS TO EXPEDITE THE 5 CONSTRUCTION OF THE NEW RAILWAY LINE BETWEEN RAYADURG AND TUMKUR & ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, RAM MOHAN REDDY,J. MADE THE FOLLOWING: ORDER The grievance of the petitioners are apparently met with as can be DeciphereD from the statement of objections of responDents; which reaDs thus: “4. It is submitteD that keeping in view the system unDer which the InDian Railway is working anD more particularly the Zonal Railway, i.e., the South Western Railway, unDer which the Bellary Station falls, the S.W. Railway has DevelopeD a number of infrastructural facilities for Bellary, such as Doubling of Track from Guntakal anD Hospet, connectivity from Bellary to Chickajajur thereby connecting Bellary to Hubli-Bangalore Main line anD plan for electrification of Railway Lines which may incluDe Bellary region. 5. It is submitteD that the number of coaches has been increaseD from 6 coaches 6 to 9 coaches in Bangalore-Hospet-Bangalore Train, thereby enhancing the capacity of Bangalore-Hospet-Bangalore passenger. A full train of 19 coaches is running from Hubli-Bellary-Bangalore (Hampi Express) inDepenDently anD this is contrary to the petitioners averments that this train waits at Guntakal for attaching extra bogies. It is submitteD that there are other trains from Hubli/Bangalore/Mysore connecting Bellary to Howrah, ShirDi, JoDhpur, Ajmer, etc. 9. It is submitteD that the construction of track between RayaDurga anD Tumkur is a cost sharing project on 50:50 basis between the State of Karnataka anD the Railways. The Railways have maDe a request to the State of Karnataka on 18.3.2010 to acquire an extent of 1342.51 Acres, which was requireD for completion of the project. Pursuant to the DemanD of Spl. LAO, Tumkur the Railways have also DepositeD a sum of Rs.44.41 crores till the enD of 2014. 7 10. It is to state that there is no Delay in construction of new railway line between RayaDurga anD Tumkur on behalf of Railway ADministration. The total length of the project is 206.53 km out of which 102.63 km of the project fall in State of Karnataka anD 103.90 km of the project falls in the state of AnDra PraDesh. The project was sanctioneD During the year 2007-08 viDe pink book No.5a of 2007-08. Subsequently DetaileD estimate was sanctioneD by competent authority on 21.07.2009. ImmeDiately the railways applieD for lanD acquisition to the State government of AnDra PraDesh anD State Government of Karnataka on 21.10.2009 anD 18.3.2010 respectively. It is further submitteD that the cost of sharing project on 50:50 basis between Railway anD Government of Karnataka has been in force since 9.12.2010 anD between the Railways anD Government of AnDhra PraDesh since 14.9.2011. 11. The Government of AnDra PraDesh has completeD the LanD Acquisition process of 8 433.38 acres of lanD out of total requirement of 981.23 acres which consists of 44.16%. The lanD was hanDeD over to the Railway on 19.10.2011 anD subsequently on 31.10.2014. The Railway starteD the work as soon as lanD was maDe available by State Government. At present the work is going in relation to the total length of 70 km out of 103.90 km in AnDhra PraDesh. The Railway has alreaDy DepositeD 46.83 crores towarDs LanD Acquisition compensation to the State Government of AnDhra PraDesh from 2010. 12. In the State of Karnataka, the lanD acquisition application was submitteD on 18.3.2010 anD so far only 48.26 acres of lanD has been acquireD During December 2014 out of total requirement of 1342.51 acres. It is submitteD that the work coulD not be starteD Due to agitation of lanD owners for non-payment of compensation by State Government of Karnataka. It is submitteD that the Railways have however alreaDy DepositeD the LanD Acquisition amount of Rs.44.41 crores to the Spl. LAO, 9 Tumkur baseD on his DemanD. It is submitteD that the LanD acquisition process is still to be completeD for the remaining length of the project in State of Karnataka anD there has been no Delay at any instance from Railways siDe. The project is progressing as per the target on the available lanD.” 2. In that view of the matter, there is no more lis to be DeciDeD except for the railway authorities to persuaDe the State of Karnataka to ensure acquisition of lanDs for the purpose of laying the railway line as envisageD in paragraph 12 of the statement of objections. Petition is accorDingly disposed of . SD/- CHIEF JUSTICE SD/- JUDGE kcm .