Ashok Kumar and ors Vs. Union of India and ors

Ashok Kumar and ors vs Union of India and ors

Type Court Judgment Court Jammu and Kashmir Decided Nov 19, 2012

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Citation: sooperkanoon.com/983884
Court: Jammu and Kashmir High Court
Judge: Hon'ble Mr. Justice M. M. Kumar
Decided On: Nov 19, 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Ashok Kumar and ors

Respondent

Union of India and ors

Advocate Mr. Chandel

Excerpt

.....to people of udhampur, doda and the kashmir valley. the petition was filed in the year 2007. on behalf of respondent no. 5, objections have been filed. in paras 3 and 4 of the reply filed on 29.08.2012, it has been disclosed that many trains like uttar sampark kranti, special train, jammu mail 2 have been running to and from udhampur under rpc iv maintenance and schedule. the respondents have controverted that the goods train are restricted at bari brahmana which have rendered the udhampur railway station ineffective and unutilized. in fact udhampur is open for goods traffic from jammu to udhampur section (six racks of goods traffic risk are received at udhampur station).2. mr. chandel, learned counsel for the respondent has also argued that as of now atleast six trains have been running upto udhampur and in the near future the railway is likely to reach baramulla and srinagar.3. in view of the aforesaid written statement as well as the statement made by mr. chandel, we do not think that public interest litigation survive for adjudication. once the respondent-railway has started operating in the area in udhampur and works are in progress to cover the areas like baramulla, kishtwar and srinagar then no room is left to issue any directions. we have been assured that the respondent would take effective steps to achieve connectivity of jammu with other cities including baramulla, kishtwar and srinagar at the earliest possible time. with the aforesaid hope and trust, we 3 close the proceedings giving liberty to the petitioners to move appropriate application, if such a necessity arises. (mohammad yaqoob mir) (m. m. kumar) judge chief justice jammu, 19.11.2012 parshant

Full Judgment

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. WPPIL no. 10 OF 200.Ashok Kumar and ors Petitioners Union of India and ors Respondent !None ^Mr. P. S. Chandel, CGSC Mrs. Seema Shekhar, AAG Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Mohammad Yaqoob Mir, Judge Date:

19. 11.2012 :

: M. M. Kumar, CJ 1.The instant Public Interest Litigation has been instituted by the petitioners with a prayer for issuance of direction to Northern Railway to make optimum utilization of Jammu-Udhampur Railway line by extending passengers and goods trains upto Udhampur which are being restricted to Jammu depriving the facilities to people of Udhampur, Doda and the Kashmir valley. The petition was filed in the year 2007. On behalf of respondent no. 5, objections have been filed. In paras 3 and 4 of the reply filed on 29.08.2012, it has been disclosed that many trains like Uttar Sampark Kranti, Special Train, Jammu mail 2 have been running to and from Udhampur under RPC IV maintenance and schedule. The respondents have controverted that the goods train are restricted at Bari Brahmana which have rendered the Udhampur Railway Station ineffective and unutilized. In fact Udhampur is open for goods traffic from Jammu to Udhampur section (six racks of goods traffic risk are received at Udhampur station).

2. Mr. Chandel, learned counsel for the respondent has also argued that as of now atleast six trains have been running upto Udhampur and in the near future the Railway is likely to reach Baramulla and Srinagar.

3. In view of the aforesaid written statement as well as the statement made by Mr. Chandel, we do not think that Public Interest Litigation survive for adjudication. Once the respondent-Railway has started operating in the area in Udhampur and works are in progress to cover the areas like Baramulla, Kishtwar and Srinagar then no room is left to issue any directions. We have been assured that the respondent would take effective steps to achieve connectivity of Jammu with other cities including Baramulla, Kishtwar and Srinagar at the earliest possible time. With the aforesaid hope and trust, we 3 close the proceedings giving liberty to the petitioners to move appropriate application, if such a necessity arises. (Mohammad Yaqoob Mir) (M. M. Kumar) Judge Chief Justice Jammu, 19.11.2012 Parshant

Same Court & Year Jammu and Kashmir · 2012 Same Parties Ashok Kumar and ors vs Union of India and ors Same Subject Land Acquisition Same Judge Hon'ble Mr. Justice M. M. Kumar