Karnataka High Court Dismisses PIL To Restore Proposal For Laying Railway Line Between Belur And Sakleshpur Taluks

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed the petition filed by one H C Nandish and another, saying it is devoid of merits.

The state government had vide its order dated 17-01-2019 dropped the proposal for laying down the railway line stating that the project cost had exceeded enormously and it would not be feasible to continue the same.

The court in its order took note of the statement of objections filed by the government, wherein questions were raised on the maintainability of the petition contending that there is non-compliance of rules (PIL rules) at the hands of the petitioner. Moreover, the petitioners had not placed on record any cogent material in support of their submission or to show that they have any expertise in the field.

Further it was said that though the project of Chikmagalur-Belur-Sakleshpur is dropped there is an alternative railway line proposed starting from Chikmagalur-Belur and to Hassan and the Hassan route further continues to Sakleshpur and then reaches Managluru. As such the commuters would certainly have a facility for commuting.

The High Court placed reliance on Union Of India & Ors vs J.D.Suryavanshi, 2011 13 SCC 167, wherein the Supreme Court emphasized on the Railway administration's power to decide suitable railway lines by using technical inputs, depending upon financial, administrative, social and other considerations. It was also held that courts should not interfere in matters of policy or in the day-to- day functioning of any departments of governments or statutory bodies.

In this light the division bench said, “in the present petition also the observations of the Apex Court are applicable in letter and spirit.”

Rejecting the contention of the petitioners that there was an exchange between the Minister of Railway to the Chief Minister of Karnataka on the issue in question, the court said “Merely because there was an exchange of communication the state government is to complete the project, even if there is either administrative difficulty or financial difficulties, such submission cannot be accepted.”

Case Title: H C Nandish & ANR And The Ministry of Indian Railways & Others

Case NO: WP 16448/2021

Citation: 2023 LiveLaw (Kar) 76