Page No.# 1/4 GAHC010047922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/147/2025 ABDUL HAMID AHMED S/O- LATE ABDUL KARIM KHAN, R/O- VILL- DAKSHINKUL, P.O- BHANGABAZAR, P.S- BADARPUR, DIST- SIRIBHUMI, ASSAM, PIN- 788701 VERSUS ARUN KUMAR CHOUDHURY GENERAL MANAGER (CONSTRUCTION), N. F. RAILWAY, MALIGAON, GUWAHATI, DIST- KAMRUP (METRO), ASSAM, PIN- 781011 For the petitioner : Mr. F.Z. Mazumder, Advocate – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 17-03-2025 (Vijay Bishnoi, C.J.) This contempt petition is filed by the petitioner alleging wilful non- compliance of the order passed by this Court on 06.08.2024 while disposing of PIL 21/2024. Page No.# 2/4 2. In the above-referred PIL petition, the petitioner prayed for issuance of a direction to the State well as the Northeast Frontier Railway authorities to construct Road Under Bridge (RUB) at the crossing point between Rupasibari and Chargola at Railway chainage 195/4-5 (new pillar No.179/5-5) in Badarpur Karimganj Railway Section on village road which is connected to NH 44. 3. In the said PIL, the State filed its response while stating that there is no need to construct RUB as demanded by the petitioner since there are alternate roads available to the petitioner as well as fellow villagers for commuting. It was the further stand of the State Government that three more roads are going to be constructed for which fund has also been sanctioned and that will cater the need of the residents of the area. 4. After taking note of the said stand of the State Government, this Court opined that the matters regarding construction of RUB and other infrastructure facilities for the public are purely within the domain of the authorities concerned as they are the best judge and they can take a suitable decision looking to the need of the people of the area. 5. In the order dated 06.08.2024, this Court has expressed hope and trust that the authority concerned shall take every possible measure to cater the need of the people of the area as ventilated in the PIL petition. This Court has further observed that if the petitioner of the PIL petition or other villagers still remains aggrieved, they would be at liberty to approach the concerned authorities either in the State Government or in the Northeast Frontier Railway by filing representation ventilating their grievances and the Court expected that if any such representation is filed, the same shall be considered and decided within a period of six months from the date of receipt of Page No.# 3/4 such representation. 6. In this contempt petition, the petitioner is complaining that pursuant to the liberty granted by this Court in the order dated 06.08.2024, he has moved a representation to the General Manger (Construction), N.F. Railway, Maligaon, Guwahati with a request to construct the RUB as per demand of the petitioner and other villagers. However, the same has still not been decided by the said authority and, therefore, the authorities concerned are guilty of contempt. 7. Record reveals that no representation, pursuant to the liberty granted to the petitioner, has been filed before the State authorities. It can be gathered from the material relied upon by the petitioner in the PIL 21/2024, particularly, from the order dated 29.11.2024 passed in PIL 61/2018 that in the matters of construction of RUB, the stand of the Railway authorities is clear that as per Section 19 of the Railways Act, 1989, in case of construction of RUB by the railway authorities, the State Government is required to give an undertaking to make payment of the whole of the cost of the work and then only the Railway can construct RUB. 8. In the present case, it is clear that the State Government was of the view that there is no requirement of construction of RUB as demanded by the petitioner in PIL 21/2024 since alternate roads are available to the petitioner as well as fellow villagers for commuting. In such circumstances, the representation filed by the petitioner before the General Manger (Construction), N.F. Railway, Maligaon, Guwahati pursuant to the liberty granted by this Court in PIL 21/2024, demanding the Railway authorities to construct the RUB in question, is of no consequence because the Railway can construct RUB only when the State Government is agreeable to it and undertakes to bear the cost of the RUB. Page No.# 4/4 9. Hence, we do not find any case for wilful disobedience. Accordingly, this contempt petition is closed. JUDGE CHIEF JUSTICE Comparing Assistant