The main legal point established in the judgment is that crossing a railway track without lawful authority constitutes illegal trespass under the Indian Railways Act, and the duty of railway and civic authorities to prevent such illegal trespass and protect residents from endangering themselves.

JUDGMENT

Rajiv Sahai Endlaw, J. - C.M. Appl. No. 14280/2020 (for exemption from filing attested affidavits and further permission to pay requisite court fee) and C.M. Appln. No. 14281/2020 (for exemption from filing the complete writ petition)

1. Allowed, subject to just exceptions and as per extant rules.

2. The applications are disposed of.

LPA No.170/2020 & C.M. Appln. No. 14279/2020 (for interim relief)

1. The challenge in this Letters Patent Appeal, is to the order dated 4th June, 2020 of the learned Single Judge in W.P. (C) No. 3223/2020, filed by the respondent No. 1 i.e. G Block Resident''s Welfare Association (Regd.), respondent No. 2 Ministry of Railways, Union of India, respondent No. 3 Delhi Development Authority (DDA), respondent No. 4 North Delhi Municipal Corporation (Nr DMC), respondent No. 5 Government of NCT of Delhi, and respondent No. 6 The Commissioner of Police, North Delhi only as the respondents thereto.

2. The two appellants, Amar Singh Gautam and Sanjay Bairwa, claiming to be the residents of Budh Nagar, Inderpuri, or any other resident of Budh Nagar, Inderpuri, were not impleaded as parties to the said writ petition.

3. The appellants have filed this appeal contending that they were necessary and proper parties to the lis subject matter of the writ petition from which this appeal arises but were not impleaded as parties thereto and order affecting them has been obtained behind their back and without their having an opportunity of being heard. It is also the contention of the counsel for the appellants before us that the two appellants represent a large number of other residents of the locality of which the appellants are residents of and all of whom are affected by the order impugned in this appeal.

4. Having heard the counsel for the appellants we are satisfied that the appellants are affected by the order impugned in this appeal and thus grant liberty to the appellants to appeal there-against, though not parties to the writ petition from which this appeal arises. We have heard the counsel for the appellants on merits also.

5. The writ petition, from which this appeal arises, was filed by the respondent No.1 - G Block Resident''s Welfare Association (RWA) (Regd.), Naraina Vihar, seeking a direction against the respondents No. 2 to 6 herein, to repair/construct and maintain the wall adjacent to the Railway Track, barricading Naraina Vihar Colony. It was the plea of respondent No.1 RWA/Writ Petitioner in the writ petition, (i) that adjacent to Naraina Vihar Colony, there is a Railway Track and in the vicinity of the said track are the Railway Stations of Naraina and Inder Puri; (ii) that on the other side of the Railway Track, Budh Nagar J.J. Colony and colony of Inder Puri are situated; (iii) both the said colonies had been declared as Corona Virus Hotspots/containment zones by the Delhi Government and the broken portions of the barricading wall existing between the said railway track and C, H, I and G Blocks of Naraina Vihar, particularly adjacent to the G Block of Naraina Vihar Colony were giving an easy access to the people crossing over from the colonies across the Railway Track into Naraina Vihar and using the same as a thoroughfare; this was increasing the risk of infection of the residents of Naraina Vihar, which included children as well as senior citizens; and, (iv) on 21st May 2020, in view of the urgency owing to the prevalent Covid-19 pandemic, the respondent No. 1/writ petitioner volunteered to rebuild/reconstruct the broken portions of the barricading wall, in case the respondents No. 2 to 6 authorities found it difficult to do so.

6. The respondent No.2 Railways, before the Single Judge took a stand that the barricading wall in question was not constructed by the Railways but was constructed by the Civic Authorities and therefore the subject matter of the writ petition fell in the jurisdiction of the Civic Authorities.

7. The respondent No.4 Nr DMC, though had earlier filed an affidavit