Date:27/07/2007 URL: http://www.thehindu.com/2007/07/27/stories/2007072754621400.htm

National

File report on closure of level crossings: court

Legal Correspondent

New Delhi: The Supreme Court has asked the Railways to file in four weeks a status report on the proposal to close down all unmanned level-crossings (ULCs) in the country to prevent accidents.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and Dalveer Bhandari gave this direction on a public interest writ petition from the Consumer Education and Research Centre.

The Bench sought a response from Jammu and Kashmir, Uttar Pradesh, Madhya Pradesh, Orissa, Maharashtra and Nagaland on the Railways’ allegation that they had not given consent for closure of the UNCs in the States. It asked the Railways to provide data on the number of ULCs coming in way of national and State Highways.

The petitioner said inaction and failure on the part of the Railways to convert the ULCs into manned level crossings was violative of Articles 14 (equality before law) and 21(protection of life) of the Constitution.

On behalf of the Railways, it was submitted that many of the ULCs did not have sufficient traffic and it was proposed to close such crossings. For this, the consent of the States was sought but there was no response. Of the 18,490 ULCs, 1,018 qualified for conversion. Out of these, manning of 797 level-crossings was sanctioned. The initial cost of manning the 18,490 ULCs was Rs. 2,219 crore and the annual recurring maintenance cost, Rs. 555 crore.

When counsel said manning the ULCs had huge financial implications, the Bench said, “Don’t say that any more. The Railways had earned over Rs. 20,000 crore and there should not be any financial constraint.”

An affidavit said that apart from financial implications, the Railways faced a number of operational problems in manning level-crossings.

“The station master has to ensure the closure of all manned level-crossings in between two stations before allowing a train in the section. This is done by talking over telephone to each gatekeeper and taking his assurance that the gate has been closed. After the passage of the train, the gatekeeper has to take permission from the station master before reopening the gate. Non-closure of any level-crossing in the section will affect smooth rail operations.”