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Showing posts with label Highcourt. Show all posts
Showing posts with label Highcourt. Show all posts

Friday, 8 January 2016

06:46

Sale of only Rail Neer packaged drinking water at stations and on trains.

Sale of only Rail Neer packaged drinking water at stations and on trains. 

Why permit sale of only RailNeer at stations, HC to Railways

If you can allow Outside Food, why not Water? Mumbai High Court asks Railways

Mumbai: The Bombay High Court today sought to know from Indian Railways why sale of only one brand of mineral water is permitted at railway stations where different brands and varieties of food are available and directed the Indian Railways Catering and Tourism Corporation to reply to a public interest litigation challenging the sale of only Rail Neer packaged drinking water at stations and on trains.

A division bench of Justice Naresh Patil and Justice M S Sonak heard the PIL filed by Lopesh Vora, a regular commuter, urging direction to the Railways and its subsidiary, IRCTC, to provide packaged drinking water of other brands also. Justice N H Patil was hearing a public interest litigation by commuter Lopesh Vora challenging a circular issued by railway authorities last year directing contractors and caterers having stalls on platforms and railway stations to stock and sell only ‘Rail Neer’ packaged drinking water supplied by the Indian Railway Catering and Tourism Corporation (IRCTC).

Vora in his petition claimed that a commuter should have the right to choose which brand water he or she wants to buy and consume. Vora’s advocates Rui Rodrigues and Abhishek Tripathi argued that it is “a consumer’s right of choice to drinking water” under Article 21 (Right to Equality) of the Constitution. They pointed out that there is an issue of quantity as well as quality. They explained that only 1 litre bottles are being sold instead of 500 ml. Also, tests done by an independent laboratory in Gujarat:showed the water is “sub-standard ” and did not conform to Food Safety and Standards Authority of India norms.

IRCTC’s advocate Usha Srivastava said the decision to keep only keep one brand of packaged water was because Rail Neer ” was not being lifted ” and it resulted in a huge loss. She said currently it is available in four zones having bottling plants and not at all places. ” We are not preventing people from carrying their own water as done on planes,” she added.

The bench said there can be no compromise on quality and questioned that when outside food and even e-catering is permitted on trains, “why not drinking water.” The IRCTC is directed to file a reply to the PIL along with quality check reports at the next hearing after a month. It is also directed to consider selling 500 ml bottles.

“Rail Neer is available only in one litre bottles. While other brands like Bisleri have 500 ml bottles also. Why should one compulsorily buy a one litre bottle? Moreover one does not know if the Rail Neer water is of good quality,” the petition said.

“If food of different brands and varieties are available at railway stations then why not water? You (railways) should allow other brands. If the railways’ contention is that IRCTC is facing loss then one bottle of Rail Neer can be given complimentary with each ticket booked then people will be encouraged to buy it,” the court said.

The high court has directed railways authorities and IRCTC to consider the contentions raised in the PIL and file their reply in four weeks.

Earlier another bench of the high court had dismissed a petition filed by the Indian Railway Caterer’s Association challenging the circular.

This is absolutely right?? Why only Rail Neer.. There are locallites who create duplicate of the Rail Neer bottles & sell it. They also fill the bottles thrown by commuters & resell it. -Kiran P., Rail Passenger

Tuesday, 29 December 2015

07:08

Ernakulam Railway Goods (ERG) station-Old station: Railways now passes the buck to encroachers

Ernakulam Railway Goods (ERG) station -Old station: Railways now passes the buck to encroachers

Little is being done to restore train services to Old Railway Station (ORS) located behind the High Court, despite senior Railway officials confiding that basic infrastructure here can be readied in 45 days.

The Railway said that over two dozen encroachers would have to be evicted prior to resuming train services to the station. They would have to be rehabilitated either by the Kochi Corporation or by the State government.

Reacting to this, general convener of Old Railway Station Vikasana Samity K.P. Harihara Kumar said that the Corporation had agreed to rehabilitate the families. “The civic agency also set apart ample funds in its budget for commencing suburban train service,” he said.

Union Minister of State for Railways Manoj Sinha had assured the samity two months ago that the Railway would accord its nod if the Kochi Corporation or the State government pooled in with half the project cost of approximately Rs.15 crore. There is no need to revive all the tracks at the station, since the Railway wanted to resume services to the station by operating one or two trains here during peak times when the two main stations in the city are congested, Mr. Kumar said.

He added that the Railway is citing ‘flimsy reasons’ like encroachments to stonewall efforts to resume train services to the station that is in an abandoned condition. “The encroachers are concentrated in one end of the station, near the High Court, whereas a major portion of tracks and other utilities are on the northern side.” Setting at rest concerns of unavailability of diesel locomotive, Railway sources said that the Southern Railway is willing to give a diesel engine to operate short-distance trains to both ORS and HT, where the line has not been electrified.

The proposal on the station and Harbour Terminus (HT) located on Wellingdon Island was revived in June, prior to launching Ernakulam’s first intra-district MEMU service.

“The main work at ORS station (also known as Ernakulam Railway Goods (ERG) station) is to relay tracks and to install signals. Each of the two components can be completed in less than a month. A couple of rooms too will have to be built or existing ones renovated to house skeletal staff who would initially be posted here. All that is required is the formal sanction of Southern Railway head office,” officials said.

Source:The Hindu

Saturday, 5 December 2015

14:58

Married daughters eligible for appointment on compassionate grounds: Allahabad HC

Married daughters eligible for appointment on compassionate grounds: Allahabad HC

Allahabad High Court in its judgment has made married daughters of deceased government employees eligible for appointments on compassionate grounds in government jobs. 

Ruling in this regard was given by a bench comprising Chief Justice DY Chandrachud and Justice Yashwant Verma on a petition filed by a Vimla Srivastava.

The petitioner had challenged the validity of clauses 2C-3 of Uttar Pradesh Recruitment of Government Servants Dying in Harness Rules. The Clause 2C-3 only allowed unmarried or widowed daughters of deceased government employees eligible for appointment on compassionate grounds. Allahabad High Court Judgment High Court held that clause 2C-3 is unconstitutional and violated fundamental rights. 

Observed that when married son could get jobs on compassionate grounds then there is no reason to deny the same to married daughter.

Pointed out that the exclusion of married daughters violated Article 14 (Right to Equality), Article 15 (prohibition of discrimination on the grounds of sex, religion, caste etc.) and Article 16 (equality of opportunity in matters of public employment)

Tuesday, 24 November 2015

20:19

Inflation on rise, revise Compensation for Rail Accidents: Delhi HC

Inflation on rise, revise Compensation for Rail Accidents: Delhi HC

New Delhi: The Delhi high court took into account the rising inflation and reducing buying power of rupee to direct the Union government to revise the compensation paid to kin of victims of rail accidents.

There had been traditionally a disparity in compensation payable to kin of railway accident victims and those who die in air crash. A public interest litigation filed by Sethu Niket through advocate Esha Mazumdar told the HC that the compensation amount was fixed more than 15 years ago and hence warrants an urgent revision keeping in view the falling buying power of the rupee.
The petitioner had requested the HC to quash “Railway Accidents and Untoward Incident (Compensation) Rules, 1999 providing for Rs 4 lakh as maximum amount of compensation in case of death or permanent disability”.

Interestingly, more than a 100 years ago the Railways Act, 1890 had fixed responsibility for any death resulting from operation of railways and provided that the administration would be saddled with a maximum liability of Rs 10,000 for death. Mazumdar argued before a bench of Chief Justice G Rohini and R S Endlaw that though the compensation of Rs 4 lakh was determined in the year 1997, the central government had failed to revise it by amending the Rules taking into account the inflation and falling buying power of rupee.

The bench in its judgment said: “it is obligatory on the part of the Central government to update the amount of compensation taking into consideration the substantial change in the money value and the impact it has caused in the cost of living.”

“We, therefore, direct the Union of India to consider the issue of updating the upper limit of compensation prescribed under Rules 3 & $ of Compensation Rules and take appropriate steps in accordance with law,” the bench said.

Wednesday, 28 October 2015

08:17

High Court imposes Rs. 10,000 costs on Southern Railway

High Court  imposes Rs. 10,000 costs on Southern Railway

The Madras High Court on Monday imposed Rs. 10,000 as costs on Southern Railway for having repeatedly refused to appoint a person in a Group-D post on the ground that he was a diabetic.

The petitioner’s father, A. Mani, who was a trackman with the railways, died in January 2010 in service. Packiaraj applied for Group-D post on compassionate grounds.

But his application was rejected on the ground that he was found unfit in all classes of medical classifications as he was diabetic.

Packiaraj moved the Central Administrative Tribunal, which on August 8, 2014, directed the railways to consider him for the post. Challenging the decision of the CAT, Southern Railway moved the writ petition seeking the High Court to set aside the CAT directive. The Division Bench of Justice S. Manikumar and Justice G. Chockalingam noted that despite court order that diabetes could not be the basis for rejection of job applications, the railways had been making the petitioner to run from pillar to post.

Source :The Indian Express.

Thursday, 15 October 2015

10:07

Bombay HC tells Indian Railways to adopt crowd management techniques

Bombay HC tells Indian Railways to adopt crowd management techniques

The Bombay High Court asked the Central and Western Railway authorities to adopt crowd management techniques to ensure a smooth ride for suburban railway passengers, including elderly commuters.

The Bombay High Court asked the Central and Western Railway authorities to adopt crowd management techniques to ensure a smooth ride for suburban railway passengers, including elderly commuters.

“Consider introducing an ‘all standing’ boggie in suburban trains to accommodate the crowd… at least do it on a pilot project to check the results,” a bench of Justice Naresh Patil and Justice S B Shukhre said.

The court had taken suo moto cognisance of a letter written by a senior citizen, A B Thakkar, in 2009 and converted it into a PIL.

Thakkar contended that entering a jam-packed train during peak hours was a nightmarish experience for the elderly.

The bench also suggested the railways consider having double decker suburban trains to help crowd management during peak hours.

The Judges further asked the state government to consider appointing a private agency to carry out a survey to analyse the movement of passengers during peak and non-peak hours to come up with ways to improve crowd management.

The railways informed the court that around 38,000 senior citizens travel daily on suburban trains. The railways have, after court orders, reserved 14 seats in a compartment for the elderly.

Justice Patil also suggested to the railways to consider having space for senior citizens in ladies special trains as it is difficult for senior citizens to board the train otherwise.

The bench, however, going back on the issue of overcrowding, asked “during peak hours, can a senior citizen enter the compartment? If not, then how can he or she even be able to reach to his/her seat?”

The court gave the railways time till November 18 to respond to the suggestions made by the bench today.

Source:The Financial Express.

Friday, 2 October 2015

08:19

Indian Railways caterers over-charging passengers

‘Indian Railways caterers over-charging passengers’

A plea was today filed in Delhi High Court seeking direction to conduct immediate nationwide investigation on catering firms running contracts in Indian Railways, alleging they were over-charging passengers and flouting directions of the Railway Ministry

A plea was today filed in Delhi High Court seeking direction to conduct immediate nationwide investigation on catering firms running contracts in Indian Railways, alleging they were over-charging passengers and flouting directions of the Railway Ministry.

A doctor in his petition before a bench of Chief Justice G Rohini and Justice Jayant Nath alleged that the catering companies for Indian Railways were charging arbitrarily and not complying with the rates prescribed in the circular issued by the Ministry of Railways, to the prejudice of the common passengers who were being over charged.

The court has fixed hearing on the public interest litigation (PIL) on November 18.
Doctor Sanjay Gupta, in his PIL, said exorbitant rates were being charged for food and beverage items on trains by the caterers.

“The money involved could be in thousands of crores, once the matter is investigated. Since the catering companies are not issuing bills to the buyers, there is bound to be tax evasion by the companies, depriving the exchequer of valuable tax.

“The receipts issued by the caterers in different trains are in similar layout and printing, indicating that most caterers are common or have formed a cartel,” the PIL said.

The petitioner said that in 2012, Indian Railways had released an elaborate circular pertaining to catering services and prices. “The circular also stated categorically that under no circumstances, the railway should charge different rates as rates of these items are determined at the Railway Board level,” he said.

The petitioner also urged the court to see whether the caterers were complying with the circular, whether they issued bills of food items sold by them to on-board passengers and were paying all applicable taxes on the entire sales made by them on the trains.

He said that while undertaking railway journeys, he found that caterers were not charging uniform rates prescribed by the Indian Railways, which was “totally arbitrary and in flagrant violation of the said circular”.

While seeking action against officials and the catering companies, the plea said that the Indian Railways have “not bothered to rectify the procedure resulting in routine loss to the citizen and to the exchequer”.

The plea also sought direction to the Railway Ministry to “initiate awareness programme for the passengers”.

Source :The Financial Express.

Monday, 28 September 2015

11:08

Casual Labourers on IR entitled to compute 50% of Casual Service for Determination of Pension and Retirement Benefits: Hyderabad HC

Casual Labourers on IR entitled to compute 50% of Casual Service for Determination of Pension and Retirement Benefits: Hyderabad HC

Hyderabad: A full bench of the Hyderabad High Court has ruled that casual workers of the Indian Railways later absorbed as a permanent workers, after completing temporary service are entitled to compute 50 per cent of the casual service for determination of pension and retirement benefits.

The full bench comprising Acting Chief Justice Dilip B. Bhosale, Justice P.V. Sanjay Kumar and Justice P. Naveen Rao was answering a reference on the issue as to whether a casual employee of the Railways, later appointed on temporary basis, and then regularly appointed was entitled to count the full service rendered by him as a temporary servant and 50 per cent of his casual service to determine his retirement benefits.

While dealing with the reference the full bench noted that the AP High Court as well as the Delhi High Courts expressed three different views in four similar cases.

The bench pointed out in the four decisions, the scope of various provisions of the Railway Services (Pension) Rules 1993 was not considered by the High Courts and the full bench felt that the provisions of Rule 20 need to be analysed.

The relevant Rule says that qualifying service of a Railway servant commences from the date he takes charge of the post to which he was first appointed either substantively or in an officiating or temporary capacity.

The bench concluded that the only requirement was such a temporary appointment should be continuous and without interruption followed by substantive appointment.
The bench ruled that when there was no interruption of service between the temporary service and the permanent appointment, the entire temporary service should be taken for computation of pensionary benefits.

The full bench observed that it would lead to absurd conclusions if only 50 per cent of temporary service was counted on his permanent appointment when he was entitled to count the full temporary service if he retires as a temporary servant only. When there was no ambiguity in the rules and leads to only one conclusion, there was no scope for any other interpretation that can be given by the writ Court.

The bench said “It is also relevant to note that a person renders long service before he gets permanent appointment. He would hardly have any service left in permanent capacity before he retires. In most of these cases, he would not have the minimum service to qualify for pensionary benefits if the temporary service is not added.”

Thursday, 17 September 2015

15:24

High Court Judge trashes Selection of Halt Agents through Draw of Lots by Kids

High Court Judge trashes Selection of Halt Agents through Draw of Lots by Kids

Bangalore: The Karnataka High Court has struck down as unjust and illegal the railways’ selection of halt agents through draw of lots by children.

Halt agents are locals appointed on contract to issue tickets on a commission basis at small railway stations. When there’s more than one applicant, the railways usually resorts to the lottery system.

“According to the guidelines, a shortlist has to be drawn up by the selection committee. But the act of selecting the person for appointment is left in the hands of a child, and to the hands of fate. The person to be appointed is merely selected through a lottery. To say the least, there is no logical justification for adopting such a procedure where the selection to a post is left to fate and to fortuitous circumstances,” Justice Raghvendra S Chauhan observed recently while quashing the appointment of one SN Sathesha, as halt agent of Beeranahalli railway station, KR Pet taluk, Mysuru district.

The petitioner, BP Nagaraju Gowda, had challenged the condition mentioned in the railways’ advertisement of April 13, 2013, that the selection for the post of halt agent shall be done through a lottery system where a child would draw the lots.

The judge said the selection process ignores the requirement of merit. “It ignores the requirement of eligibility and suitability… Such a selection process is tantamount to shooting in the dark. Thus, the selection itself is unjust, unfair and unreasonable,” Nagaraju Gowda said.

“To say the least, the selection process has to be fair, just and reasonable. It can neither be arbitrary, nor unfair, nor capricious. Even if the selection process is for a temporary post, it has to satisfy the constitutional mandate of equality of opportunity. The procedure mentioned above clearly violates Article 16 of the Constitution,” the judge further said.

However, the judge declined to accede to Gowda’s prayer for regularizing his services as he had put in 25 years’ service, citing a division bench verdict holding that no master-servant relationship existed between the railway administration and the halt agent

Tuesday, 8 September 2015

22:52

Madras HC allows Chennai Metro Rail to go ahead with retender process

Madras HC allows Chennai Metro Rail to go ahead with retender process

Chennai: The Madras High Court today allowed Chennai Metro Rail Ltd to go ahead with the retender process for the underground tunnel work between Saidapet and Government Estate.

This 1,947-crore project was originally awarded to Gammon. However, CMRL had terminated Gammon in June due to delay in project completion.

Gammon’s Russian partner Mosmetrotroy, which was entrusted with the underground work, abandoned the project abruptly.

Justice K Ravichandrabaabu in his order ‎refused to stay Gammon’s petition to stop the retender process‎.

He asked both parties to go for arbitration proceedings in four weeks. Gammon has already invoked the arbitration, said its counsel.

The judge told CMRL to keep alive the bank guarantee till the arbitration is over.

Wednesday, 2 September 2015

19:00

Double Decker Suburban Local Trains ? - Mumbai High Court

Mumbai: Bombay High Court on Wednesday asked the railways to consider having double-deckers for Mumbai’s suburban local trains.

A bench of Justice Naresh Patil and Justice S B Shukre heard a clutch of public interest litigation on women safety. The bench made the oral observation after the Central Railways’s advocate suggested that a panel of judges visit railway stations and see for themselves the problems due to overcrowding.

The judges recalled that some years ago there were plans for converting Mumbai locals into double-deckers. Western Railway’s advocate Suresh Kumar said currently there is a double-decker train to Surat. “Why not locally ? Have you thought if it is possible for local trains?” asked Justice Patil. Kumar said he will take instructions and inform the court at the next hearing.

Monday, 31 August 2015

07:09

High Court seeks report on Water supplied to Rail Passengers

High Court seeks report on Water supplied to Rail Passengers

New Delhi: While expressing concern over the quality of water supplied to the residents of railway colonies and passengers at railway platforms of the Northern Railway, the Delhi High Court has issued directions for collecting water samples from different divisions and sought a report on the issue.

A Division Bench comprising Chief Justice G. Rohini and Justice Jayant Nath said, while hearing a public interest litigation over the weekend that it would at present look into the aspect whether the people living in railway colonies and passengers were getting good quality of water.

The court sought to know about the status of the chlorination plants, while observing that it would issue directions to the authorities in its detailed order later.

The PIL, filed by the Centre for Public Interest Litigation, has sought an independent and court-monitored probe into the neglect of the quality of the drinking water supply and the ‘manipulations in the award of contracts’ for supply of chlorination plants for the past several years.

The petition said while the Railways, having an independent water supply system all over the country, was able to keep trains running by meeting the requirement of water for washing and cleaning of trains, tracks and platforms, it had failed to supply safe and wholesome drinking water to millions of railway passengers and its staff living in railway colonies.

It also alleged that the Railways had continued to neglect the quality of water supply for several years and the records had shown the water quality ‘very unsatisfactory’.

The court issues directions for collecting water samples from different divisions and sought a report on the issue

Saturday, 29 August 2015

07:42

Karnataka HC notices to Railways, Govt on PIL against PPP Pact on Metro Station

Karnataka HC notices to Railways, Govt on PIL against PPP Pact on Metro Station

The High Court on Wednesday ordered that notices be issued to the South Western Railway (SWR) and the Urban Development Department on a PIL that has questioned a Public Private Partnership (PPP) agreement between the Bangalore Metro Rail Corporation Ltd (BMRCL) and Mantri Infrastructure Pvt Ltd for construction of Swastik Metro station in Malleswaram.


Bangalore: A division bench of acting Chief Justice S K Mukherjee and Justice B V Nagarathna gave the order on the petition by Bengaluru Residents’ Associations’ Confederation Ensemble (BRACE) and others.


The petitioners contended that the agreement between the BMRCL and Mantri was illegal and that the 2.5 acres of land acquired by the Karnataka Industrial Areas Development Board (KIADB) could not be handed over to a third party. They also argued that the land acquired for Swastik station was transferred to the company in the name of a PPP project and that would benefit only Mantri, not the State government. They appealed for quashing of the agreement.

Opening park to public: The Union government has sought two weeks from the High Court to file objections to a petition filed by one B R Sharan Kumar for opening the General Cariappa Memorial Park off MG Road to the public.

Kumar contended that the park, spread over 22 acres, is a public amenity and people must be allowed into it. Since the Karnataka government contributed Rs 50 lakh to the park’s development, banning people from entering it is unacceptable. A division bench of acting Chief Justice S K Mukherjee and Justice B V Nagarathna on Wednesday gave the Centre two weeks to file objections and adjourned the hearing.

Friday, 21 August 2015

19:30

Katra-Banihal imbroglio: IR says ‘Even experts can make mistakes'; emphasize on dismissal of PIL

Katra-Banihal imbroglio: IR says ‘Even experts can make mistakes'; emphasize on dismissal of PIL

Railways questions E Sreedharan’s expertise over J&K line in the Court

New Delhi: Indian Railways has cast doubt on the expertise of E Sreedharan, renowned as the man behind Delhi Metro and the Konkan Railway, in a Delhi High Court battle over the safety of a line being built in Jammu and Kashmir that’s already eight years behind schedule.

The high court had appointed a panel headed by Sreedharan to examine plans for the 111-kilometre, Katra-Banihal stretch after Prashant Bhushan’s Centre for Public Interest Litigation (CPIL) filed a PIL on the matter. The railways, rushing to finish the line in five years, has already spent more than Rs 10,000 crore over the past 13 years on the section in a politically sensitive state where the Bharatiya Janata Party is part of the governing coalition.

The railways questioned the Konkan Railway’s “speckled safety record”, providing a detailed report of accidents on the line that had resulted in the death of 71 passengers since it started, emphasising that “even experts can make mistakes”. It also said that, “in stark comparison to Konkan line’s record, there has been no casualty in the Jammu-Baramullah line”, which was built in far tougher geological conditions.

Sreedharan said he would only respond in court to what the railways had to say about his report or regarding the Konkan Railway.

“Whatever I have to say, I will say it in the court,” he said. About the Katra-Banihal line, he said that the court had asked advocates from both sides to tabulate what he had said in the report and what railways were saying. The court will decide, he added.

Sreedharan, then with Indian Railways, and his team successfully built the Konkan Railway two decades ago after difficult terrain had frustrated previous efforts. Being on the coast, the line is vulnerable to heavy monsoon rain that leads to landslides. Delhi Metro is regarded as one of the most successful mass transit systems in India, having transformed public transport in the capital.

Officials said the Prime Minister’s Office is closely monitoring progress of the Katra-Banihal line and wants the railways to take a tough stand on the case. Prime Minister Narendra Modi is said to have sought regular reports from the railway ministry on the line. The railways has promised the PMO that the line will be completed by 2020.

“In fact, when the PM got to know that the main reason for delay of the project was the PIL, he asked attorney general Mukul Rohatgi to personally review the case. Additional solicitor general Maninder Singh has been arguing for the railways ever since,” an official said.

The Sreedharan committee submitted its report in February, stating “the biggest concern regarding the existing alignment is the poor survivability of the tunnels, bridges and cuttings against the threats of landslides, earthquakes, and the security risks arising out of the nearness of the line to the LoC (Line of Control)”. The railways dismissed the report’s conclusions.

“The committee had no topographic sheets to study, no geological, geotechnical, slope stability or seismic study reports to study about a paper alignment which is not even properly marked on paper,” it said. “Therefore, the conclusions of the committee are mere conjectures, fallacious, specious and delusive statements.”

It said none of the committee members had visited the site. “Therefore, the committee had to suggest that the proposed alignment in the report is only a ‘paper alignment’,” the railways said, adding that “the existing alignment is well-researched, well-investigated line where work is progressing successfully without any mishaps or problems.”

The railways also said the committee did not hold discussions with officials and international experts working on the project. “The committee did not consider the voluminous documentation provided by the project team. The committee did not allow presentations from experts, and it did not provide any technical justification and logic supported by any calculations or analysis in support of its paper alignment,” it told the court.

The Railway Board was the sole authority competent to take decisions, including track alignment.

Asking the court to dismiss the PIL, the railways said that if “such administrative decisions continue to be challenged, it would open a Pandora’s Box, making other infrastructure projects prone to challenge and scrutiny thereby affecting the progress of work and as a consequence affecting development of the country at the instance of vested interests.”

Friday, 7 August 2015

10:40

Chennai: The long wait for completion of the MRTS stretch be tween Velacherry and St Thomas Mount may be finally over, thanks to the Madras high court.

Chennai: The long wait for completion of the MRTS stretch be tween Velacherry and St Thomas Mount may be finally over, thanks to the Madras high court.

Marking an end of litigation over 4,530sqmt land stretching for about half a kilometer, which had delayed the Mass Rapid Transit System (MRTS) Phase-II extension, the high court has said compensation to owners of acquired land at Thillai Ganga Nagar in Nanganallur should be calculated in terms of the new land acquisition law.

In an order which means much higher compensation package to land-losers, Justice M Sathyanarayanan said: “It is not in serious dispute that only a minimal extent of land is to be taken possession and as pointed out by additional advocate general it is only about 4,530sqmt. Once it is taken possession, the project will be complete and the travelling public will be immensely benefited and traffic congestion in Chennai will also be eased.“

The judge also set aside a special tahsildar’s order fixing compensation on the basis of Land Acquisition Act 1894, and directed him to proceed under the new acquisition law ­ the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. “This court is of the view that the interim draft award as well as notices issued under the old act have to be set aside quashed with a consequential direction directing the jurisdictional district collector competent authority to proceed afresh in terms of Sec 40(3) of the new Act.Railway authorities also are not having any serious objection for resorting to such a course. Adoption of such a course, not only advances public interest, but will also avoid further time and cost overrun in the implementation of the project,“ he observed. The order marks culmination of the second round of litigation. The first round started after authorities invoked the emergency clause and dispensed with personal hearing of land owners before their pieces of land were taken over.

The present cases are about notices being issued by the special tahsildar for MRTS phase-II extension calling upon individual land owners to appear before him in person along with documents such as title, patta and tax receipts for 30 years for receiving the compensation package. The notices were dated September 18, 2014. Land owners contested the quantum of compensation saying since the new land acquisition Act came into force on January 1, 2014, their compensation should be in terms of the new Act, and not the old one.

Thursday, 30 July 2015

13:44

MP High Court issues Notice to CRB over illegal hoardings in Railway areas

Jabalpur (JBP): The Madhya Pradesh High Court has issued notice to the Railway Board Chairman on a petition challenging putting up of illegal hoardings – on land belonging to Railways – overlooking streets. Hearing a revised petition by Mr Satish Verma, a division bench comprising Chief Justice AM Khanwilkar and Justice KK Trivedi issued the notice
yesterday.

NHRC issue notices to Secretary, Railway Board and several others over death of a youth
Lucknow: The National Human Rights Commission has issued notices to Railway Board secretary and Senior Superintendent of Police (SSP) of Sant Kabir Nagar district in Uttar Pradesh over death of a youth who was pushed from a running train by a TTE. The Commission took suo motu cognizance of a media report that a youth fell on the track and died when a Travel Ticket Examiner (TTE) on board Gorakhdham Express pushed him out of the running train near Khalilabad Railway Station on the July 23 last.

Wednesday, 15 July 2015

15:53

Diabetic eligible for appointment in government posts: Madras HC

Diabetic eligible for appointment in government posts: Madras HC

A division bench comprising justices V Ramasubramanian and T Mathivanan gave the direction while dismissing a petition by Chief Personal Officer of Southern Railway, denying appointment to a woman on the ground that she was a diabetic.

"In the absence of any scientific evidence to show that a diabetic will not be able to discharge the duties of office, it is not possible to accept the stand taken by the authorities," the judges said.

The bench added, ” This was especially in view of the fact that India has become the world's diabetic capital, probably due to the concerted efforts taken in the past five decades by the food, fertiliser, pharmaceutical and beverage industries." The court pointed out that a global report by the Indian Diabetes Research Foundation had stated that 40.9 million Indians are diabetic.

"Therefore, it is not possible to accept that they are unemployable or that if employed, they would become a liability on the employer," it cited. Railways had challenged the order Central Administrative Tribunal, Madras Bench, directing it to appoint a woman candidate Pushpam to a suitable Grade D post in 12 weeks.

On November 24, 2007, the Deputy Chief Personnel Officer had issued a notification to fill up 3698 Group 'D' posts in SR and in Integral Coach Factory, Chennai. Pushpam was one among 58 candidates declared medically unfit. She then filed an appeal for a medical re-examination, which was done. But Railways in a July 2 2012 certificate opined that she was unfit for employment in A2 category.

Source:One India.

Wednesday, 1 July 2015

09:58

Itarsi RRI Fire Accident: MPHC admits plea, notices slapped on Railways, WCR

Itarsi RRI Fire Accident: MPHC admits plea, notices slapped on Railways, WCR

Bhopal (BPL): Madhya Pradesh high court (MPHC) has served notices to Union railway ministry, railway board and west central railway (WCR) challenging disruption of railway traffic following a fire in route relay interlocking (RRI) at Itarsi railway station on June 17. MPHC has admitted the PIL on Tuesday and has sought reply from respondents in two weeks’ time.

The petition filed by major trade union forum, National Front of Indian Trade Unions (NFITU). National president Deepak Jaiswal, claimed that though defence ministry has ordnance factories in Katni, Jabalpur and Itarsi where goods trains ply, railways didn’t come out with a contingency plan to tackle the huge signal disruption having far-reaching consequences.

Double bench of Justice Rajendra Menon and Justice S K Gupta served notices to secretary Union Railway Ministry, Chairman Railway Board and General Manager, WCR.

The petition underlined that RRI cabin caught fire on June 17 and railway traffic has been affected since. Scores of trains have been cancelled and several other diverted or short terminated, causing a financial loss running into crores to public exchequer and greatly inconveniencing common man. In his petition, Jaiswal’s pinned blame on negligence of railways authorities.

Disrupted train traffic has affected sick people, outstation exam candidates and businessmen. In several instances, people couldn’t reach courts during important hearings. Postal services and other essential services were badly suffered, the petitioner said.

It was also pointed out that RRI system was to be replaced in 1998, but even after 17 years it was not done despite there were preparations for it. A high-level inquiry into the matter and action against responsible railway officials was demanded. Advocates Rajesh Chandra and Monesh Sahu represented the petitioner at high court.

Thursday, 25 June 2015

09:39

HC direction to railways likely to hit demand for additional trains

HC direction to railways likely to hit demand for additional trains

‘New train announced in Budget has not yet been introduced’

The Karnataka High Court’s direction to South Western Railway on Monday to consider, within three months, representations to operate additional trains between Bengaluru and Mangaluru has dashed the hopes of the people in the coastal region for a speedy journey as the Shiradi Ghat is under repair.

A division bench of the court disposed of a pubic interest writ petition filed by Lata Ramesh and Pradeep Kumar Kalkura with the direction to consider their representation within three months.

The petitioners had pointed out that though the Railway Budget had announced the introduction of a new express train, the Railway Board was yet to introduce it. Meanwhile, Shiradi Ghat, the main link between the coast and the hinterlands, has been closed since January.

Longer journeys

People are forced to spend more time on commuting by bus via alternative routes, the petitioners said. Therefore, the railways should at least operate additional trains, they urged.

Paschima Karavali Rail Yatri Abhivriddhi Samiti office-bearer G. Hanumanth Kamath told The Hindu that if the railways wished, they could have introduced additional trains without waiting for the intervention of the High Court. The present judgment would come handy for the railway authorities, as Shiradi Ghat was likely to be opened in the next two months.

They would have a reason not to operate additional trains on the ground that the ghat had been opened for vehicular traffic, Mr. Kamath said.

Adversary attitude

He said that the railways had always been exhibiting an adversary attitude towards Karnataka, more so towards the coastal region.

This is because of the strong Kerala lobby working within the railways, he said.

The people of the coast had to fight to get the Bengaluru-Mangaluru night train, which was extended to Kannur, to get it extended to Karwar, by approaching the High Court, he recalled.

The Palakkad division of Southern Railway had always been discouraging the introduction of trains that could benefit coastal region, Mr. Kamath said.

The railways has been citing “operational constraints” on the ghat section to introduce any new trains on the section. P. Ganesh Rao, Chief Operations Manager of South Western Railway, had on February 15, 2015, written to the Railway Board to keep introduction of the new train announced in the budget pending till the “operational constraints” are resolved, said Anil Hegde, advisor to the samiti.


‘People are forced to spend more time on commuting by bus as Shiradi Ghat is closed’

‘It has been citing operational constraints on the ghat section to introduce new trains’

Source:The Hindu.

Tuesday, 16 June 2015

15:48

Court directs Railways to monitor premium car parking at Chennai Central

Court directs Railways to monitor premium car parking at Chennai Central

Railways tells court that a contract for a parking lot to accommodate 61 cars has been awarded.

The Madras High Court on Monday directed the Railways to monitor the premium car parking at Chennai Central Railway Station with its personnel, till a vendor to manage the parking is finalised.

When a petition came up for hearing before the First Bench comprising Chief Justice S.K. Kaul and Justice T.S. Sivagnanam, counsel for Railways produced a document, which stated that a contract for a parking lot to accommodate 61 cars has been awarded.

As for premium car parking to accommodate 48 cars, the tender was to be opened on June 22, he said and assured the court that the tender would be finalised in one month thereafter.

“In the meantime, we direct that qua this premium car parking, the Railways should make arrangements through their own personnel to monitor the same. The Railways can compensate itself by collecting the charges for the premium car parking. Needless to say, the concerned police authorities would render all assistance at the site,” the Bench said.

Petitioner K. Sudhan in his petition sought separate parking lots for private or owner-driven cars and further permit parking of call taxis, tourist cabs and autos only in the designated area.

He also sought to ensure that call taxis, tourist cabs, autos and other categories of commercial vehicles are not allowed to remain stationary for any reason in any part of the railway station.

The petitioner sought a direction to authorities to take action against those who illegally control the car park area.

SOURCE:THE HINDU