The Chhattisgarh High Court disposed of a Suo Moto Public Interest Litigation (PIL) registered suo moto on the basis of a newspaper reporti over the construction of a foot over bridge (FOB).
The said news report stated that the FOB was to be constructed four years back but the same could not be constructed which was causing a threat to the public at large, especially the school going children.
Notices were issued to the respondent authorities on 21.11.2023 upon which the Deputy Solicitor General as well as the State counsel prayed for some time to seek instructions. Accordingly, the matter was listed on 24.11.2023. Pursuant to the same, the Railways had filed an affidavit stating that the Railways was taking all necessary precautions and preventive measures till completion of the FOB. However, this Court kept the matter pending in order to monitor the situation till the completion of the FOB and the matter was directed to be listed again on 05.01.2024.
Before the matter could be listed on 05.01.2024, another news report was published with regard to realisation of excess amount towards premium parking when the pickup and drop facility was free in the Airport but the Railways was realising a heavy amount for the same.
The matter was taken up for hearing during the winter vacations on 28.12.2023.
Some news reporting with regard to hooliganism being done by the stooges of the parking contractor was also published which was taken note of on the said date and the Divisional Railway Manager, South East Central Railways, Bilaspur was directed to file his personal affidavit in the matter to explain as to what steps the Railways had taken and the matter was directed to be listed on 05.01.2024.
On the said date, the Deputy Solicitor General, on the basis of affidavit filed by the Senior Divisional Engineer (Settlement), SECR, Bilaspur, stated that the construction of the FOB was under progress and all necessary precautions and preventive measures were being taken till then. With regard to realisation of excess amount towards parking charges, the District Magistrate, who was present in the Court, was also directed to look into the same and examine the situation in co-ordination with the Railway authorities.The Court was informed that the contractor was imposed with a penalty of Rs. 10,000/- and the Chief Commercial Inspector, Bilaspur, was suspended on 28.12.2023 for dereliction of his duties.
On 01.02.2024, Ramakant Mishra , Counsel for the Respondent assured the Court that the FOB would be constructed on or before 31.03.2024. He had also submitted a progress report with regard to the same. Today, Mr. Mishra submits that the construction of the FOB is complete and he has filed the photographs of the FOB also and the same has been opened for the general public on 10.03.2024. He further submits that the Superintendent of Police (Rail) Raipur, has written a letter to the Station House Officer, Police Station, Torwa, to ensure law and order in the parking area of the Railway Station.
Another affidavit has been filed by the Senior Divisional Commercial Manager, SECR, Bilaspur, with regard to the Parking Stand at Bilaspur and Uslapur, on 05.04.2024 wherein it has been stated as under:
“2. That, it is most respectfully submitted that in compliance of order dated 28.12.2023 & order dated 05.01.2024 passed by this Hon’ble court, in regard to parking Stand at Bilaspur & Uslapur Railway Station, the affidavits of Divisional Railway Manager/South East Central Railway/Bilaspur has been filed on 03.01.2024 & 31.01.2024 respectively.
3. That, it is submitted that for the convenience of passengers, adequate number of Retro Reflective Sign Boards regarding parking have been arranged in the circulating area of the station, under which complete information about premium parking, normal parking and drop & go lanes is displayed. To maintain the parking arrangement at the station, staffs of the parking contractor are being periodically instructed along with continuous monitoring to ensure proper supervision. This is to prevent any issues for arriving passengers in accessing premium parking, normal parking, and drop & go lanes at the station.
4. That, All necessary barricades installed within the parking area have been arranged in such a way that passengers can go to the drop & go lane and premium lane separately. Adequate number of Retro Reflective Sign Boards have also been displayed to provide information about this arrangement. …….
5. That, Affidavit submitted on 31.01.2024 by Divisional Railway Manager/South East Central Railway/ Bilaspur, wherein it has been mentioned that “a letter dated 24.01.2024 has been issued to the Superintendent of Police (Rail), Raipur regarding to enhance the manpower for better management of circulating area by arresting the illegal parking in the non-earmarked area and at the no parking zone of 50 meters of Bilaspur Railway Station”. Further, to prevent unauthorized parking in this area, again a reminder letter a reminder letter 19.03.2024 has been sent to the Superintendent of Police/Bilaspur & Collector/Bilaspur, requesting that:
(a) Prepaid Auto Booth: Owing to the increasing the number of passengers and passenger convenience in Bilaspur and Uslapur stations, please restore the facility of prepaid auto booth in the station premises.
(b) E-Challan Facility for Unauthorised Parking:- To enforce compliance with the “NO Parking” zone at circulating area of Bilaspur and Uslapur railway stations, necessary directives should be issued for e-challan facility for unauthorized parking on vehicles parked in this area. This measure will enhance safety, security and convenience of passengers. ….
6. That, for addressing public grievances and to facilitate the registration of any parking-related complaints at railway station, helpline number 139 and the railway complaint portal “Rail Madad” has been displayed on the parking stand through display boards. This ensures that unnecessary parking charges are not levied by the parking contractor. ….
7. That, under the Station re-development work has commenced at Bilaspur station, aiming to organize parking areas in a more systematic manner. As part of this redevelopment, separate lanes will be designated for entry and exit within the station premises and car marked areas will be allocated for parking. Apart from these designated areas, parking will not be permitted elsewhere, thereby ensuring that passengers are not subjected to unnecessary premium parking charges.
8. That, the continuous drives are being run from time to time to proliferation of digital payment and passengers availing parking facilities are being encouraged to make digital payments. The facility of receiving online payment through QR code is also enabled further public convenience.”
In light of the above submissions made by learned Deputy Solicitor General appearing for the respondents/Railways and the averments made in the various affidavits, the Division Bench of Chief Justice Ramesh Sinha and Justice Rajani Dubey hoped and trusted that the SECR and its authorities in co-ordination with the authorities of the State, shall take measures to provide all sorts of facilities to the passengers and to the people who visit the Railway Stations for dropping the passengers and no inconvenience is caused to them in any manner. In case it is found that any incident of the aforesaid nature which compelled this Court to take cognizance of the matter by registering this PIL, has taken place, it would be open for the Court to re-open this petition, the Court directed.