Save India Foundation v. Chairman Railway Board & ORS.

$~90 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17655/2024 & CM APPL. 75143-144/2024 SAVE INDIA FOUNDATION .....Petitioner Through:

Mr Umesh Sharma, Ms Shivani and Ms Neha Pandey, Advocates.

versus CHAIRMAN RAILWAY BOARD & ORS.

.....Respondents Through:

Ms Pratima N Lakra, CGSC, Ms Pinki Pawar, GP and Mr C. Prajapati and Mr Kashish G Baweja, Advocates for R1/UOI.

Ms Anubha Bhardwaj, SPP for CBI Mr Ravinder Agarwal, Mr Lekh Raj Singh and Mr Manish Kumar Singh, Advocates for R3/CVC.

Ms Prabhsahay Kaur, SC and Mr Bir Inder Singh, Advocate for R4/DDA.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 08.01.2025 1.

The petitioner has filed this petition as a Public Interest Litigation (PIL), inter alia, praying as under:- "a) Writ, order or direction in the nature of MANDAMUS or any other appropriate writ, order or direction against the Respondents 1 to act and get the valuable railway land vacated to the extent of 1,68,239.067 SQMTS as mentioned in the ANNEXURE-P-4 to the petition.

b) Writ, order or direction in the nature of MANDAMUS or any other appropriate writ, order or direction thereby directing the Respondents 2 & 3 to take action and determine the negligence, nexus of the encroachers with the railway officials The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 13:05:13

and initiate action against them for service misconduct etc."

2.

The petitioner states that the substantial land belonging to the Railways has been encroached upon by raising various religious structures. 3.

We do not consider it apposite to pass any orders in this petition. The Railways is the land-owning authority and is fully entitled to take steps to ensure that the possession of the Railways' land is secured. The petitioner has also filed the representation with the Railway authorities. The Railway authorities shall give the representation the consideration it deserves. 4.

The petition is disposed of in above terms. Pending applications also stand disposed of.

VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J JANUARY 08, 2025 M Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 13:05:13