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2010 Supreme(SC) 1453

S. H. KAPADIA, K. S. RADHAKRISHNAN, SWATANTER KUMAR
Consumer Education and Research Centre – Appellant
Versus
Union of India – Respondent


JUDGMENT :

1. This writ petition was filed by Consumer Education and Research Centre (CERC, Ahmedabad) under Article 32 of the Constitution seeking a direction to Union of India through Ministry of Railways for immediate conversion of unmanned railway crossing gates into manned level-crossings. By the said writ petition, petitioner has prayed that Railways should take steps to formulate and implement Action Plan in order to convert all unmanned railway crossings into manned level-crossings.

2. This petition was filed in 2001. Since then Railways have issued detailed Guidelines. They have also filed a detailed counter indicating steps which have been taken to provide for manned level-crossings. No instance has been brought to our notice where the Guidelines have been flouted. The role of the Court ends with the Guidelines being framed by the Railways. However, if in a given case any of the Guidelines are flouted in implementation in a given State, it would be open to the petitioner to move the concerned High Court with regard to implementation of the said Guidelines.

3. For the aforestated reasons, the writ petition is disposed of.

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