Railways told to complete Palamau railway subway within four months and address flooding that could endanger villagers and schoolchildren

The petitioner, a welfare society, sought a mandamus directing the State and Railways to construct a manned level crossing or a Road Over Bridge (ROB) on the railway line near Lalgarh Bihar and Panjarikala, alleging that villagers—including schoolchildren—were forced to cross the tracks or use a subway prone to monsoon flooding

The Railways stated that its policy did not provide for new level crossings, that an ROB was not eligible at the location under applicable guidelines and would require State cost-sharing, and that construction of a Limited Height Subway (LHS) had commenced as an alternative

The petitioner disputed that the LHS was complete or would adequately address flooding

1. Whether the petitioner established the legal right and corresponding public duty necessary for a mandamus requiring construction of a manned level crossing or ROB

2. Whether the Court should direct construction of an ROB or level crossing despite the Railways’ policy and technical assessment, and what relief was warranted concerning the LHS and flooding

A writ of mandamus requires the petitioner to establish a legal right in itself or those it represents, together with a corresponding legal duty on the respondent

Courts have limited scope to substitute their view for expert assessments on technical and policy matters

The Railways’ policy, including Railway Board letter No. 2017/CE-IV/LX/Misc./244(LCs) Pt. dated 02.03.2023, provides for considering an ROB, RUB, LHS or FOB in exceptional locations prone to trespassing, subject to feasibility; the Railways stated that new level crossings are not to be opened and that ROBs at the relevant site were not eligible under its guidelines

The Court found that the petitioner had not established the prerequisites for mandamus and declined to second-guess the Railways’ policy-based and technical assessment that an LHS, rather than a level crossing or ROB, was the appropriate response

However, because the LHS was intended to provide villagers with a safe alternative to unauthorised track-crossing, the Court considered that it would not serve its purpose if it remained incomplete or was rendered unusable by flooding. It therefore issued limited directions addressing completion and flood mitigation

The petition with directions that the Railways complete the LHS, if not already completed, as expeditiously as possible and within four months, and take necessary measures to address flooding

The Railways were directed to file a compliance affidavit by 12 March 2027, with the matter to be listed on 18 March 2027 to consider compliance

No order as to costs was made