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Rajasthan High Court disposes of PIL on difficulties faced by the differently abled at railway stations

The Rajasthan High Court recently disposed of a Public Interest Litigation (PIL) highlighting the difficulties differently abled persons have to face when visiting Butati Dham, a place of pilgrimage near Ran railway station in Nagaur district.

According to the petitioner Deendayal Bang, railway authorities have not provided sufficient facilities as required under the law at the railway station for differently abled persons.

The Division Bench of Chief Justice Akil Kureshi and Justice Madan Gopal Vyas noted that a similar public interest petition filed earlier by the same petitioner was disposed of by the High Court on 07.01.2021 in following terms:

“2. In continuation of the reply earlier filed, an additional reply/status report dated 27.7.2020 has been filed by the respondents (Railways) pursuant to order dated 15.01.2020. It is inter alia, stated that additional toilet facilities (men and women) and drinking water facilities for specially abled persons have been provided and made operational. It is also stated that proper facilities for separate urinals, drinking water taps and water coolers have been provided. 
3. Upon perusal of the reply and status report, we are satisfied that the respondents have provided requisite facilities.”

Shridhar Mehta, the counsel for the petitioner, however, submitted that the promised facilities have not been made fully functional by railway authorities and fresh issues have arisen on account of railway authorities stopping certain trains at platform 2 without fully constructing the foot over bridge.

The High Court held that as noted previously, the Division Bench had examined the issues presented before it and closed the public interest petition after being satisfied that the railway authorities had taken appropriate steps to mitigate the difficulties of the differently abled persons.

It is true that in causes concerning the general public, there cannot be a finality of the litigation nor can fresh look be completely barred on the principles of res judicata. However, at the appropriate stage the fresh issues, which the petitioner now seeks to bring to our notice, must be examined by the railway authorities, particularly in view of the disposal of the earlier public interest petition, observed the Bench.

“Let the railway authorities examine the grievances of the petitioners and take appropriate measures as found necessary in terms of law. The petition is disposed of at this stage,” the order reads.

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