RAVI S. DHAVAN, J. ( 1 ) THIS is a very unusual petition. The petitioner has been filed by Union of India, North Eastern Railway Head Quarter, Gorakhpur. The petition is directed against Nagar Mahapalika, Gorakhpur and its Chief Engineer, arrayed is respondents No. 1 and 2. In effect it is a, writ petition filed by the State against a State. ( 2 ) THE Court has read the writ petition and heard learned counsel for the parties and is dis- mayed to find that for thirty years public plans for modernisation of railways in and around Gorakhpur Division has remained stalled because the Nagar Mahapalika, Gorakhpur, insists on put- ting up yet more shopping centres near the rail- way tracks or the railway station. The record of the railway administration shows that the fond, otherwise, belongs to the railways. But, it is the desire of Nagar Mahapalika, Gorakhpur that the North Eastern Railway should relinquish its claim d from this land. The discussion between the North Eastern Railway and the Nagar Mahapalika, Gorakhpur, started 30 years age. These were matters about modernisation of Layout of the railways and giving better facility to the region of Gorakhpur and its citizens. The Nagar Mahapalika, Gorakhpur has a constricted approach in con- strutting shops near the land of railways. The railway authorities are not very happy with this plan and would like the plans and constructions of the shops either to be dropped or to be kept as far away from the railway tracks and railway areas is possible. ( 3 ) FIRST, the Court is not very happy that the Union of India has had to file a writ petition against the local administration. It, only shows that the dialogue between the two administrations has broken down. This type of litigation of a State filing cases against a State, or its local administration, has been discouraged by the Supreme Court (1992 Supp. (2) SCC 432 : ONGC v. Collector, Central Excise ). This Court, also following the " decision of the Supreme Court, held that inter" state disputes, as litigation, as far as possible, should be kept away and before such disputes are _ filed in, Court a committee should examine the issues between the two State departments or local administration. (Writ Petition No. 1135 of 1993, Decided on 6-7-1993 Pradeshiya and Investment Corporation of U. P. v. Dy. (Writ Petition No. 1135 of 1993, Decided on 6-7-1993 Pradeshiya and Investment Corporation of U. P. v. Dy. Collector (Collection/ Sales Tax), Nainital ). ( 4 ) IN the context of the present writ petition with only three years left for the next century, in so far as the railways are concerned, it has to move into the age of highspeed transportation and increased passenger use and freight carriage. But, this will not be possible if local administration within whose territory the railway tracks pass will not coordinate the development plans. Highspeed trains need a dual carriageway unobstructed between station to station and tracks which are engineered to take the increased speed of the trains not forgetting that the haulage of the new generation locomotive has increased and the track has to be kept safe at every given time so that it takes in the speed and the momentum of the entire train as it moves. Public safety in haulage of passengers and freight is paramount. Railway tracks, in their planning will have to be given a protected corridor and an unobstructed continuous speedway passage, with crossing roads going over or under the tracks. ( 5 ) THIS unending dispute between the Gorakhpur Nagar Mahapalika and the North Eastern Railway cannot continue so that the modernisation plans of the railways are put into a quagmire. The Nagar Mahapalika, Gorakhpur, must also realise that modernisation of the railways is for the good of the region within the Gorakhpur region, whether it is of the railways or of the Civil administration. Constructing shopping centres near the railway tracks or stations, with which the railway is feeling uncomfortable, is a matter which needs to be considered seriously and not to be frustrated by postponing the discussion and turning a deaf ear to what the railway administration desires to convey. ( 6 ) THE Court is not dismissing this writ petition filed by the Union of India through the North Eastern Railway as the Court feels that it cannot resolve this issue. This is a matter which needs much more serious discussion between the Union of India and its administration of the North Eastern Railway and the Nagar Mahapalika, Gorakhpur. ( 6 ) THE Court is not dismissing this writ petition filed by the Union of India through the North Eastern Railway as the Court feels that it cannot resolve this issue. This is a matter which needs much more serious discussion between the Union of India and its administration of the North Eastern Railway and the Nagar Mahapalika, Gorakhpur. The Nagar Mahapalika, Gorakhpur, ought to be open to receive the suggestion of the railways so that a coordinated plan for the modornisation of the railways of that region is pushed through and implemented before the twentieth Century arrives. ( 7 ) WITH the aforesaid observations, the interimorder dated 22/09/1994 is discharged and the petition is consigned to record. Order accordingly. .