VINOD S. BHARDWAJ, J. (ORAL) CM-4022-CWP-2021 Present misc. application has been filed under Section 151 of the Code of Civil Procedure, 1908, for placing on record reply on behalf of respondents No.1 to 3 and also for seeking exemption from filing certified copies of Annexures R-1 to R-6.

The application is allowed subject to all just exceptions.

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The Registry is directed to tag the same at an appropriate place in the paper book.

Main case Prayer in the present writ petition is for seeking directions to the respondents-Railway Board-cum-Ministry of Railways, to consider and examine the genuine and rightful request of the petitioner for creating a Railway Station/Stoppage at village Sanghol, on the recently commenced railway operations on the newly built Railway Line from 110 kms.

Chandigarh to Ludhiana leading to Amritsar via Mohali, Kharar, Morinda, Khamano, Samrala, Maadpur and Sahnewal etc.

Learned counsel appearing for the petitioners contends that the present writ petition has been filed for considering the request of the villagers to examine the feasibility of creating Railway Station/Stoppage at village Sanghol in view of newly commenced railway operations. The said village has 117 Red Stone Sculptures including a Buddhist Stupa. These are in the form of pillars, coping stones, and Cross bars belonging to the Mathrua School of Art which is believed to be nearly 3000 years old. The site in question is amongst biggest discoveries in the field of archeology and largely reflect on development and course of Indian Culture and Civilization. It is contended that the Government of India had taken over the area of village Sanghol vide Notification No.10/52/08-4TC/1185 in the year 2008 for the public purpose namely protection of ancient sites known as ‘Buddhist Stupa Site SGL-11, Village Sanghol, (Ucha Pind), District Fatehgarh Sahib, Punjab.

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She further submits that as large number of tourists, students and visitors throng these sites, the Railway Station/stoppage should be provided at the site since the nearest railway station is at a distance of nearly 10 kms, from the said village. She contends that the petitioner had earlier approached this Court vide CWP-11856-2013 which was disposed of vide order dated 28.05.2013 with a direction to the respondents-Railways to consider the representation of the petitioner and to take a decision thereupon. It is submitted that as no decision was conveyed to the petitioners, the present writ petition has been filed.

Pursuant to the notice, short reply way of counter affidavit of Shiv Dular Singh Dhillon, Deputy Commissioner, Fatehgarh Sahib, has been filed which is a formal reply.

A separate reply has also been filed by the respondents No.1 to 3/Railways through the Senior Divisional Commercial Manager, Northern Railway, Rail Vihar, Ambala Cantt. The relevant extract of the written statement filed by the respondents No.1 to 3/Railways is as under:-

“4. That pursuant to the said direction, the then Senior Divisional Commercial Manager sought comments and recommendations of the relevant / concerned Authorities like Senior Divisional Engineer, Ambala, Senior Section Engineer (West), Sirhind to determine operating and engineering feasibility of opening a Halt Station at Village Sanghol, Tehsil Khamanon, District Fatehgarh Sahib, as required by the petitioners. Reports of the concerned Officers were duly received and studied at the level of the Competent Authorities and it was found that it would not be feasible to establish the 3 of 8 ::: Downloaded on - 12-08-2024 04:37:44 :::

said railway halt for the time being, for the reasons mentioned below.

xxx xxx xxx

6. That in fact Village Sanghol is well connected with a metaled road and is easily approachable either by private taxies or r