Neutral Citation No. - 2025:AHC:19291-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 158 of 2025 Petitioner :- Murari Lal Pal Respondent :- The Union Of India and 5 others Counsel for Petitioner :- Om Prakash Tripathi Counsel for Respondent :- Shashi Prakash Singh, A.S.G.I., Jigyasa Singh, Pranjal Mehrotra, Rajiv Singh (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This writ petition purportedly in public interest has been filed seeking a direction to the respondents to construct the railway under bridge at the closed railway manned crossing gate (Padri Gate) No.120/120-A, situated in Km. 1134/5-6 in Jhansi - Kanpur Division, between Jhansi - Garhmau, Railway stations. 2. Submissions have been made that the manned railway crossing, came to be closed in the year 2010 on construction of the railway over bridge by the N.H.A.I. There are agricultural fields on both the sides of the railway track, wherein on account of lack of railway under bridge, the live stock, bullock carts and pedestrians as well as the two wheelers, are required to cross the railway track putting the lives of the residents in peril as well as operation of the trains. Submissions have also been made that though the requirement of having a railway under bridge is not denied by the respondents, however, only on account of dispute between the railways and State Government as to who must bear the expenditure, the same is not being constructed by the respondents and therefore, they may be directed to do the needful. 3. The respondents have produced a short counter affidavit inter alia indicating that the railways have taken a decision to construct a pedestrian sub-way within 1.5 years after the award of the contract. It has been indicated that as per the sanction granted the railways are planning pedestrian sub-way at KM 1134/20-22 between Jhansi-Mustara Stations of Jhansi - Kanpur Section under project named 'Provision of Limited Height Pedestrian Subways at various trespassing locations'. 4. Learned counsel for the petitioner submits that the construction of pedestrian subway would not cater to the requirements as indicated and therefore, the respondents be directed to construct the railway under bridge. 5. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 6. Admittedly, the level crossing has been closed since the year 2010 and the petitioner, public over a period of time is seeking the railway under bridge and as per the pictures produced, even the two wheelers i.e. motorcycles etc. are being pushed across the railway track by the riders. Merely because despite passage of over 14 years, the petitioner/villagers, continue to cross the railway track by not adverting to the over bridge and as for obviating the difficulties faced by the pedestrian villagers, the respondents have decided to construct a pedestrian subway, no further directions are required to be issued by this Court as the assessment of the requirement and the construction of railway under bridge, is in the domain of the respondent railways. 7. In that view of the matter, the petition filed by the petitioner stands disposed of. 8. The respondents are directed to ensure that the indications made in the communication dated 29.01.2025 regarding construction of the pedestrian subway is undertaken with utmost expedition. As it has been indicated in the short counter affidavit filed that the construction would take place within one and half years from the award of contract, it is expected of the respondents to award the contract with utmost expedition, preferably within a period of two months. Order Date :- 10.2.2025 RK/Atul (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad