ORDER
S.K. Agarwal, J.
1. This judgment will dispose of above noted four writ petitions seeking directions to the respondents concerning Hazrat Nizamuddin Railway Station (for short Railway Station) alleging that it was a small transitory intracity station, with no trains terminating or originating therefrom; however, during the recent past has become major terminal station with several trains originating and terminating at this station, in gross violation of the provisions of Master Plan 2001 AD; and that at present about 80,000 passengers visit this station every day, endangering life and safety of the residents of the locality, causing irreparable loss and damage to the protected national monuments like Humayun Tomb and Neela Gumbad situated in the vicinity. Facts in brief in each of the petitions are as under :-
CW 5681/93
2. On 14th December, 1993, Nizamuddin East Colony Association filed the present writ against Union of India, Government of NCT, the Railways and Municipal Corporation of Delhi (for short the Respondents) seeking directions against the respondents to widen Nizamuddin Colony road and to make it a two way traffic zone for convenient traffic flow in the area from Rajdoot Hotel, Barapulla Road via Railway Colony. It is alleged that this railway station was very small station built by the Government in 1953-55 with the purpose of lessening the burden of railway traffic at New Delhi; that in 1990 several additional trains started originating and terminating at the station, causing tremendous traffic and health, noise and pollutions problems to the residents of the locality; that the petitioners had approached the respondents number of times in 1992-93, for an appropriate action but without any result and that in this respect a meeting was also held between the officials of Government of NCT of Delhi and Northern Railway under the Chairmanship of the Chief Secretary, Delhi on 2nd August, 1993 wherein it was also brought to their notice that traffic passing through the colony to the railway station was affecting 6000-7000 school going children of the colony and has caused sharp rise in the crime rate in the area. After the show cause notice was issued, counter affidavits were filed on behalf of Joint Director (Planning), Transport Department, Government of NCT of Delhi, Commissioner of Traffic Delhi, Executive Engineer, Municipal Corporation of Delhi (for short MCD), explaining that the matter was under active consideration of the concerned authorities. A copy of the
decision taken by them on 3rd October, 1994 under the chairmanship of Secretary (Public Grievances) in Cabinet Secretariat, on the progress made in respect of the work at the said railway station was placed on record which reads as under :-
“8(a). The proposals regarding widening of existing approach to Hazrat Nizamuddin and related infrastructure as well as second
entry to Hazrat Nizamuddin from ring road side should be expedited after the details were worked out by Northern Railway, MCD and the DDA. Since DDA have already drawn up blue prints for these two proposals, it is desirable that differences, if any, are sorted out immediately within the overall municipal regulations, if any, as desired by MOS.
(Action: DDA, MCD and Railways)
2nd ENTRY TO HNZM FROM RING ROAD SIDE
In the meeting held by the Hon’ble Lt. Governor on the 4th July, 1994 regarding 2nd entry to the HNZM station from Ring Road side, it was decided that the proposal which envisaged widening of approach road from Ring Road side to Sarai Kale Khan Village to a four lane divided carriage way by taking over land from HUDCO and Slum Wing of MCD would be optimized. This had included among other things demolition of 48 quarters of slum wing of MCD and dismantling of temporary structures such as water tank, store and guard room from the premises of Habitat Polytechnic.
In the subsequent meeting chaired by Commissioner-cum-Secretary (Transport) on 5th August, 1994 certain modifications to the
above proposal were proposed. They are :-
(i) Dismantling of 80 nos. quarters instead of 48 quarters belonging to Slum Wing of MCD.
(ii) Provision of six-lane road for smooth flow of traffic keeping in view the future growth of both railway and ISBT traffic.
These proposals were further discussed in the meeting taken by Secretary (PG). It was explained that the Railway can provide
land (approximately 705 m width along the railway border) by shifting their existing boundary line by dismantling the last tract which is currently not in use and not about 30-35 meters width as had been earlier envisaged. Moreover, the proposal had to be optimized as suggested by Hon’ble Lt. Governor so as to ensure that congestion at the entry point of foot over bridge be eliminated by having sufficient radius for circulation. In the earlier plan, the rotary of 17 meter width (road width only) was planned between the extended foot over bridge and the existing temple which could potentially lead to traffic congestion. The demolition of 80 quarters instead of 48 quarters now would provide a minimum rotary of 24 meter width. This is, therefore expected to avert the potential traffic bottle-neck which would otherwise have been imperative.
After detailed discussion it was agreed by the/participating agencies that the proposal would be implemented in two phases.
PHASE I INVOLVES:
(i) Widening of existing road into 4 lane divided carriageway with a medium of 1.2 meter and footpath of 2.5 mete width each by demolition of temporary structures within Habitat Polytechnic.
(ii) Provision of 24 meters wide rotary and necessary carriageway by demolition of 80 quarters of MCD Slum Wing.
(iii) Extension of existing foot over bridge by the Railways across the village road.
(iv) Parking at ISBT, Sarai Kale Khan complex by remodelling first bus bay.
(v) Shifting of Railway boundary line by dismantling the last track which is presently not in use. This would provide for limited parking for outgoing traffic.
PHASE II INVOLVES:
(i) Provision of six lane road and integration with the overall circulation.
(ii) Land to be taken over from Habitat Polytechnic for providing limited parking for taxis, three-wheelers and widening of road in to 6 lane carriage way.
(iii) Provision of pedestrian subway from ISBT to FOB.
It was, however, recognized that implementation of both the phases and use of railway station involves continuous traffic regulation and management for smooth flow of traffic.
A revised plan along the above lines would be readied by PWD and if necessary may be put up to Hon’ble Lt. Governor.
It was also decided that Secretary-cum-Commissioner (Transport) of NCT of Delhi Government would identify and lay down all the
preparatory measures to be taken for obtaining administrative and financial sanction for second entry for HNZM including approval of Technical Committee of DDA.
8(b). WIDENING OF EXISTING ENTRY TO HNZM
The 35th meeting of the technical committee, DDA held on 10th August, 1994 has cleared the proposal of widening for existing entry to HNZM station from Mathura Road (Rajdoot Hotel side). This proposal has clearly laid down the action to be initiated by both the railways and MCD. Secretary (PG) urged the departments to obtain necessary financial sanction and statutory clearances, if any. The representative from MCD has informed that detailed project estimate is under preparation which would be finalised within three weeks time and submitted to the Ministry of Surface Transport for clearance.
It was also decided that another meeting would be convened by Dy. Secretary (PG) within 15 days time to draw up the necessary step
by step time schedule for expediting preparatory action regarding existing entry proposal.
3. Additional affidavits were also filed by the respondents explaining the progress made in the matter as per the above noted decision.
CW 1351/94
4. On 18th March, 1994 a resident of the colony filed another petition against the respondents in the earlier writ petition and also Delhi Development Authority (for short the Respondents) and praying therein for directions: (i) to stop the operation of the railway station as a regular terminal station for several major long distance trains and for directions to the respondents to promote the passenger terminal proposed at Okhla Railway Station as per the Master Plan of Delhi 2001 AD; (ii) to widen the approach road to the said station via railway colonies; (iii) to construct a wider road from the Ring Road side to approach the said station, as was decided in the meeting with the respondents held on of 2nd August, 1993 and (iv) for stoppage of vehicular traffic to the railway station through the said colony. Show cause notice was issued. Counter affidavit was filed on behalf of Director (Transport), Delhi Development Authority (for short DDA) stating therein about their decision to transfer the land to Municipal Corporation of Delhi near Barapulla bridge required for the purposes of widening the road and also regarding the scheme of the authorities to shift the jhuggi jhopries from that area.
5. They also filed copies of the minutes of the meeting held on 21st April, 1995 and on 14th July, 1995 under the Chairmanship of Minister of State (PMO) in this regard, showing that the progress of the work at the railway station was being monitored by them. Relevant portions of the minutes of the said meeting are reproduced hereinbelow:-
“8.2 HNZM Railway Station: (A) Existing Entry:
(a) Work relating to tendering and award of contract for bridge to be expedited. Construction of bridge to be completed by 6/96.
Action : MCD
(b) DDA to transfer land near Bara Phoolah Bridge to MCD immediately. Land to be given since cost of eviction and rehabilitation of JJ households to be charged to the project cost by MCD.
Action : MCD, DDA
(c) Widening of existing approach road by demolition of quarters and new circulation plan for HNZM Railway Station to be
implemented by 10/95.
Action : MCD, Railways
(d) Demolition of Rajdoot Hotel Rotary and installation of synchronised automatic signalling, road widening etc. to be
completed by 10/95.
Action : MCD, Delhi Traffic Police
(B) SECOND ENTRY
(a) DDA to accord approval of Technical Committee for the proposal of Second Entry to HNZM from Ring Road side and integration with ISBT Sarai Kale Khan, by end May 1995.
(b) DDA, to issue concept design plan after suitably modifying the proposal submitted by PWD through the Department of Transport, Delhi Administration. Secretary cum Commissioner Transport Department to initiate action for sorting out the technical details of the plan with PWD and DDA. The widening of approach and integration with ISBT will be complete as scheduled by 12/95, as has already been laid down by DPC.
Action : PWD (Delhi Govt.)
Transport Deptt. (Delhi Govt.)
14th July, 1995
“B HNZM RAILWAY STATION
(a) EXISTING ENTRY
(i) ACTION POINT
Octroi naka and some structures on MCD land to be demolished and handed over to Railways.
PROGRESS MADE
It was agreed that by 31st July 1995 Octroi naka and other structures would be demolished and land released would be handed over to Railways for implementation of the new circulation plan.
Action : MCD/Railways
(ii) ACTION POINT
Work relating to tendering and award of contract for bridge to be expedited. Construction of bridge to be completed by 6/96.
PROGRESS MADE
The consultants are being appointed for the bridge. MCD have requested for extension of the target date to middle of 1997. Secretary (PG) expressed dissatisfaction about progress made so far and desired expeditious action.
Action : MCD
(iii) ACTION POINT
DDA to transfer land near Bara Pulla Bridge to MCD immediately. Land to be given free since cost of eviction and rehabilitation of JJ households to be charged to the project cost by MCD.
PROGRESS MADE
It was agreed that a letter would be issued by DDA to MCD immediately and the land would be transferred by next week. The cost of eviction and rehabilitation of JJ households to be charged to the project cost of MCD.
(iv) ACTION POINT
Widening of existing approach road by demolition of quarters and new circulation plan for HNZM Railway Station to be implemented by 10/95.
PROGRESS MADE
The Railways have informed that 33 out of 48 quarters have been vacated whose doors and window frames have been removed. Since some employees have gone to court and brought a stay, Railways have informed that they are trying to get the stay vacated by 3rd week of July after which tenders would be finalised and work commenced. It was however confirmed that by October, 1995 the new circulation plan would be introduced.
Action: Railways
(v) ACTION POINT
Demolition of Rajdoot Hotel Rotary and installation of synchronised automatic signalling, road widening etc. to be completed by 10/95.
PROGRESS MADE
MCD have confirmed that demolition of Rotary would be undertaken on time. The Delhi Police (Traffic) have agreed that synchronised automatic traffic signals would be installed by 10/95.
Action: MCD/Delhi Police (Traffic)
(b) HNZM (2ND ENTRY)
(i) ACTION POINT
DDA to issue concept design plan after suitably modifying the proposal submitted by PWD through the Department of Transport,
Delhi Administration. Secy.-cum-Commissioner Transport Department to initiate action for sorting out the technical details of the plan with PWD and DDA. The widening of approach and integration with ISBT will be complete as scheduled by 12/95, as has already been laid down by DPG.
PROGRESS MADE
DDA has furnished the modified concept plan for second entry to HNZM to PWD.
(ii) ACTION PLAN
DDA to accord approval of Technical Committee for the proposal of Second Entry to HNZM from Ring road side and integration with
ISBT Sarai Kale Khan by and May, 1995.
PROGRESS MADE
Phase I plan has been approved by Technical Committee of DDA. It was agreed that PWD would submit detailed plan of phase II to DDA by 9/95 for its approval and that phase I would be completed by December 1995.
Action : PWD/DDA
CW 1730/96
6. As per the decisions noted above, while the work at railway station was in progress and a wall was sought to be constructed for segregating the residential colony from the railway station and to provide circulatory traffic providing for entrance to the Nizamuddin Railway Station from the Rajdoot side, on 30th April, 1996, sixteen shopkeepers of the Nizamuddin East Market filed a petition against the above said respondents also impleading Delhi Urban Art Commission (for short the respondents) praying for directions not to completely block the pathway to approach the railway station from Nizamuddin East side on the Jaipur Estate Road, and to provide a pedestrian pathway with a wicket gate in the said wall towards their shops so that their business is not affected.
7. On 10th July, 1996 this court passed the following order :
“Mr. Moorjani states that the copy of the application was supplied to MCD, DDA and Northern Railways with the notice that the application will come up before this court on 10th July, 1996. None is present for the said respondents. List this application on 16th July, 1996. Meawhile, we direct that in case wall is intended to be constructed at the places shown in photographs A-1 where griders have been placed respondent ould leave space for a wicket gate.”
8. Consequently, a wicket gate was kept under the order of the court. The interim order is continuing and a wicket gate was left in the said segregating wall facing the shops of the petitioners.
9. In the reply affidavit filed on behalf of the respondents as well as by petitioners in the other writ petitions (CW 5681/93 and 1351/94) it is claimed that near the said wicket gate an unauthorised taxi stand has come up causing serious problems to the residents as well to public using this gate. They have pleaded for closure of the wicket gate and for vacation of the stay orders.
CW 4012/97
10. On 22nd September, 1997, another petition was filed on behalf of Shree Raghunath Mandir through its president, and some of the residents seeking removal of the public latrines/sulabh shauchalyas being constructed in front of the temple. After the show cause notice counter affidavit was filed stating that it was being constructed inside the boundary wall of the railways; that it is not having an opening towards the temple and that it is is hidden behind a seven feet high wall and that the toilets are necessary to meet the needs of passengers and other persons visiting the railway station and that there is no other suitable location of the same.
11. All the four writ petitions were taken up together for hearing from time to time. On 29th May, 1998 it was found appropriate to withhold the construction work on the first floor of the railway station, so that progress with regard to the second entry to the railway station from Ring
Road side is not affected and the following order was passed:-
“….we think it will be a total waste of money to continue with the construction in case the structure which is proposed to be built now cannot be integrated with the multi model railway station which may come into existence as a result of discussion between various persons. Beside, continuing with the present construction would mean that there will be a resistance to accept any other concept plan other than the one already conceptualised. We would not like that to happen as what is sought to be done by
us is to provide a long-term solution to a problem which is going to become acute if not tackled at this stage. It would be appro priate that the work on the first floor of Nizamuddin Railway Station is stopped but the Railways apparently do not want to stop spending money on that project. That is for the Railways to decide. It would be appropriate if they do not waste any money. The fact that there being work would not come in the way of any plan which are finalised as a result of orders of this court. In any case, the construction which is to be done will be subject to final orders of this Court.”
12. The respondents also filed additional affidavits indicating the progress in the matter. Lastly on 31st August, 1999 Mr. Alok Kansal, Deputy Chief Engineer (Const.) Northern Railway filed an affidavit stating that most of the work has already been completed as per earlier decisions and sought revocation of the above noted stay orders dated 29th May, 1998 and 10th July, 1996.
13. We have heard learned counsel for the parties and have gone through the record.
CW 5681/93 & CM 1351/94
14. Mr. N.K. Anand, learned counsel for the petitioner argued that the unplanned development of this railway station in violation of the Master Plan of Delhi has resulted in sudden increase of the traffic to the uncontrollable extent at the Nizamuddin railway station and life and safety of the residents of the locality is being threatened; movement of anti-social elements has also increased; it is also causing damage to important national monuments located nearby; the air and noise pollution in the area has increased to unbearable extent, threatening even the lives of the students studying there and that resulted in mushroom growth of unauthorised guest houses and travel agents. It was argued that in order to tackle the problems faced by the residents, a special committee was constituted under the Chairmanship of the Secretary (PG), Directorate of Public Grievances, Government of India, New Delhi and it was decided to construct a separate approach road to link the Nizamuddin Railway Station with Mathura Road via Rajdoot Hotel side as per the plans prepared by the respondents and also to develop a second entry to the Nizamuddin Railway Station from the Ring Road side. It is argued that none of the said proposals have completely been
executed.
15. In reply, learned counsel for the respondents while relying on the affidavit dated 31st August, 1999 of Deputy Chief Engineer (Construction), Northern Railways submitted that the work of widening of the approach road from the Rajdoot Hotel side to the railway station by dismantling of the 50 railway quarters etc. for providing circulatory area in front of the railway station and provision of the car and scooter parking etc. has already been completed by the railways. The work of construction of new Barapulla bridge and development of the new local bus terminal has already been executed by the Municipal Corporation of Delhi. It was argued that the construction of the boundary wall separating the station from the Nizamuddin East Colony by the railways has been completed. However, 3 ft. wide space (wicket gate) has been left in terms of the orders of this court. Lastly it was argued that the work regarding the construction of first floor on the existing station building for providing booking office, waiting rooms and cafeteria by the railways could not be completed because of the above noted interim order dated 29th May, 1998 passed by this court in CW 5681/93 and 1351/94.
16. It was also argued that construction of 6.2 metre wide and 135 metre long foot over bridge (FOB) with landing on all five platforms of the station and towards ISBT Sarai Kale Khan with current booking office (at the elevated level) have been completed and the FOB and the booking office were inaugurated for public use on 26.4.99. The current booking office comprises of 5 counters with passenger queuing area. It was submitted that dismantling of 80 slum wing flats of the MCD has been completed by the PWD and as regards construction/widening of the approach road from the Ring Road side to the FOB and development of circulating area etc., 80% of the work has been completed by PWD. Petitioners did not file any affidavit challenging the claim of the official respondents.
17. From the affidavit of Mr. Ashok Kansal, Deputy Chief Engineer (Construction), Northern Railways dated 31st August, 1999 it is clear that the work regarding Rajdoot hotel side entry and exit has already been completed. Similarly work with regard to the second entry and exit project from Sarai Kale Khan side has also been completed except the connecting roads which are being constructed by the PWD. These averments have not been controverted.
18. In the above affidavit, it is also stated that there is no further scope for expansion of the railway station on the Ring Road side due to
non-availability of the land with the railways and that no further projects can be planned on this side unless the land is provided by the DDA/local
bodies.
19. Under the circumstances, we are of the view that as the entire matter is being looked after and being closely monitored by the Executive authorities no useful purpose would be served by keeping the above noted writ petitions pending. The same are hereby disposed of by directing the Government of NCT, Delhi/DDA to make necessary land available to the railways by acquisition or otherwise so that further development of the railway station can take place on the Ring Road side alone and any increase of the traffic on the other side of the railway station is avoided. Respondents are also directed to complete the remaining developmental work of railway station.
20. Consequently interim order dated 29.5.1998 in CW 5681/93 with regard to the restraint put on construction of the first floor on the existing railway station building if vacated.
CW 1730/96
21. Mr. Shyam Moorjani, learned counsel for the petitioner in the matter argued that the petitioners were allotted shops under the Displaced Persons (Compensation and Rehabilitation) Act, 1954; ever since then the occupants allottees residents of this market which is having an access to the Nizamuddin railway station through the clear space between the market and the railway station for the last more than 40 years. The change of the approach to the railway station through the Rajdoot Hotel for the vehicular traffic and also the construction of the wall segregating the railway station, would affect the livelihood of the shopkeepers and that the wicket gate should be permitted to be remain as per the orders of this Court dated 10.7.96. It was argued that their business is dependent upon the railway passenger traffic which will be closed if there is no opening of railway station towards their shops. It would amount to taking away their livelihood violating their fundamental rights.
22. In reply, it was submitted that in the layout plan of Nizamuddin colony the shops in question were not provided for use of the railway passengers as alleged in the petition. This market was not in existence when the station was established in 1952. The Railways have their own catering, tea stall and other facilities at the platforms. This market was established for the sole purpose of serving the residents of the colony. It was argued that the train passengers do not use the facilities of PCO/STD/ISD at the shops which are otherwise available at the station. It was argued that even the office of the Secretary (Public Grievances), Prime Minister’s Office, which was monitoring the development work at the railway station carried out inspection and has suggested closure of the approach from the East Nizamuddin Colony side; that if the wicket-gate entry for the pedestrians is permitted in the wall, there are chances of accidents as this wicket gate will open on a thorough traffic road which will create hindrance in proper movement of the vehicular traffic endangering pedestrians as they will not be able to see the traffic coming on the road; that no pedestrians movement should be allowed on this side where the wicket gate is opened due to the heavy rush of the traffic. It was argued that the wall has been constructed in the entire length to avoid any pedestrians movement and to safeguard against accidents and for security reasons, and that pedestrians path way is already provided from the bus terminal towards the
railway station. On behalf of the residents of the colony, it is argued that if wicket gate is not closed the vehicular traffic movement through
the colony will not abate and the colony will be converted into an unofficial parking lot. It was submitted that the railway station have its own
shops, kiosks to cater to the needs of the passengers. On 4th September, 1997 another affidavit was filed on behalf of the DDA wherein it was stated that there was no change in their resolution dated 28th November, 1994, that the Nizamuddin colony should be segregated by a boundary wall and the said wicket gate should be closed. Further, it was submitted that a wicket gate near Neela Gumbad along with a five metre emergency gate is already provided as per resolution No. 102 dated 28-11-1994 of the Technical Committee of the DDA. Because of these problems opening of the wicket gate is being opposed by the Railway authorities, residents of colony as well as by the DDA.
23. We have considered the rival contentions.
24. In our view the official respondents can be the best judge as to whether the wicket-gate towards the shops should be kept or not. It being a policy matter, it will not be permissible for this court to interfere with the same. We may mention that in larger public interest very often an action may cause some inconvenience to some people. However, inconvenience to some people is no ground on which the action in the larger public interest should be stopped or affected. It is for the Government to remedy the alleged loss in business that may be suffered by the shopkeepers. No directions in this regard can be given. The wicket-gate is stated to be causing hindrance in the flow of the traffic in the circulating area thereby increasing the chances of accidents and causing traffic problems for the residents. It may be mentioned that as noticed above, even the office of the Secretary (Public Grievances), Prime Minister’s office which had been monitoring the development of this Railway Station has also suggested the closure of this wicket gate. Therefore, we are not inclined to continue the stay order in this regard.
25. Accordingly we find no merit in the writ petition and the same is dismissed. The interim order dated 10th July, 1996 passed in CW 1730/96 directing the respondents to leave space for wicket gate is vacated.
CW 4012/97
26. Learned counsel for the petitioner argued that the construction of public latrines (sulabh sauchalyas) in front of the temple/houses/shops of the petitioners, should not be permitted as it will cause nuisance or unhygienic conditions. In reply, learned counsel for the respondents argued that the toilets in question are being constructed within the railway station premises. Construction of the toilets within the station premises does not in any manner cause or create any nuisance or unhygienic conditions for the petitioners. It was stated that paucity of toilets was felt at the station complex and as per the norms toilets were found inadequate to cater to the needs of large number of passengers. It was stated that Sulabh International, a social service organisation would be ultimately looking after the said toilets in a most hygienic and environment friendly conditions. Public toilets popularly known as Sulabh Complexes with bath, laundry and urinal facilities are being used by millions of people every days. These are not being constructed in front of the temple. The site of the toilets is about 50 ft. away and there is a 10 metre wide road in between. The toilets would be completely hidden by 7 ft. high wall of the station premises and there would be no question of any nuisance or unhygienic conditions. Above factual situation was not controverted by the petitioners.
27. In view of the above we do not find any merit in the petition and the same is dismissed.
CWs 5681/93, 1351/94, 1730/96 & 4012/97
28. All the four writ petitions thus stand disposed of as aforesaid. No order as to costs.