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2013 Supreme(Jhk) 1293

R.BANUMATHI, D.N.PATEL
Baidyanath Prasad – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Jagannath.
For the Respondent No. 1-4: Mr. Mahesh Tewari.
For the Respondent No. 5: Mr. A.K. Singh.
For the Respondent No. 9: Mr. R. R. Nath.

ORDER

In this Public Interest Litigation, the Petitioner seeks a direction to stay the construction work of drains at Katharkocha to Birsa Chowk in the heart point of Ranchi and if the construction of drains is not stopped, the entire communication of general public of Katharkocha, Birsa Chowk will be badly affected due to blockage of road, since there is no alternative way to go out from the house of the tribal people.

2. According to the case of the Petitioner, RRDA already sanctioned road construction from Birsa Chowk to Katharkocha but due to non-availability of N.O.C. from Railway authority, it was not completed. People of locality have represented before the Secretary, Railway Department, Government of India, but no action has been taken to construct the road. But suddenly, the authority started earth-cutting work for drain from Birsa Chowk to Katharkocha blocking the entire access of people of the area. Earlier petitioner had filed one W.P.(PIL) No. 4958 of 2004 and W.P.(PIL) No. 739 of 2005 and Cont. (Civil) Case No. 39 of 2007. Petitioner contends that if the road is not constructed, several people will be affected and, therefore, the writ petitioner seeks for direction to s

















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