CONSUMER EDUCATION & RESEARCH CENTRE v. UNION OF INDIA
2003-12-12
body2003
DigiLaw.ai
ORDER 1. It is stated by the learned Solicitor General that a circular has been issued in June 2003 evolving a fresh policy relating to the implementation of the decisions already taken regarding the unmanned level crossings. According to the respondent Railways the circular has been prepared broadly in conformity with the UNESCAP guidelines issued in this regard. The said circular will be put on record by way of an affidavit by the reopening date after the winter vacation. 2. It is noted that the Railway Authorities have stated that they have already provided manned level crossings in respect of Shatabdi and Rajdhani routes. 3. The Railway Authorities had also filed an affidavit pursuant to the directions of this Court dated 15-11-2002 in which at paragraph 2(i)(b) it has been stated that provisions were sought to be made for overbridges/underbridges having TVU (train vehicle unit) of over one lakh. Of these 385 had been identified and sanctioned for road overbridges and road underbridges. The policy of the Ministry of Railways is to do this in cooperation with the local State Government and local bodies in which the road overbridge (ROB)/road underbridge (RUB) had to be built. There are 971 such railway crossings with TVUs in excess of 1 lakh. The Railway Authorities are directed to include in the affidavit particulars of the location of these 971 level crossings and whether they are manned or not and the progress made, if any, with regard to the 385 sanctioned ROB/RUB in the form of a chart. 4. It appears that in 1998 the Railways had identified 536 level crossings to be closed in order to improve safety standards of train services of which 65 were to be closed by diverting roads through nearby level crossings and 120 level crossings were to be closed altogether because there was less traffic to justify their continuance. The Railway Authorities will place on record the progress as per the decision taken in 1998 with regard to the 536 level crossings. 5. The Railway Authorities, admittedly, had not identified any manned level crossings so far as meter gauge and narrow gauge are concerned. It is stated by the learned Solicitor General that by June 2003 circular meter gauge and narrow gauge have been brought within the purview of the policy regarding unmanned level crossings.
5. The Railway Authorities, admittedly, had not identified any manned level crossings so far as meter gauge and narrow gauge are concerned. It is stated by the learned Solicitor General that by June 2003 circular meter gauge and narrow gauge have been brought within the purview of the policy regarding unmanned level crossings. In fact, it is stated by the learned Solicitor General that a survey has been initiated by the Railway Authorities in connection with the June 2003 circular. It is stated that such survey will take about three months time. Once the report is produced before this Court then there will be no difficulty to implement the policy or decision already taken by the Railway Authorities in the area where it has not yet been implemented. The matter is adjourned for four months. 6. The Railway Authorities shall also indicate whether the speed restrictions have been imposed on the speed of trains where the visibility distance is inadequate so as to allow for a time interval for road traffic to pass in the face of approaching trains. Court Masters