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Jatinder Jindal   23 February 2025

Wall by railway leading to blockage of passage to factories

of great concern regarding the construction of a wall by the Indian Railways at  Railway Station, which is adversely impacting numerous local industries in the region.

The construction of this wall, which is being erected in front of several factories located near the railway station, is causing a major disruption. There are around 20-22 factories in this area that rely heavily on transportation via the railway tracks for the smooth functioning of their operations. The tracks serve as a vital link for the transportation of raw materials and finished goods. The proposed wall is obstructing the easy access to the railway network, which is essential for the continuation of these industrial activities. What can we do in such a case? We have one factory situated 

 

What



 5 Replies

P. Venu (Advocate)     23 February 2025

Please examine whether there is a subsisting easement right which could be enforced through a legal action.

T. Kalaiselvan, Advocate (Advocate)     23 February 2025

The railways are well within their rights to close the pathway by constructing wall because it will endanger the smooth functioning of railways.

You cannot claim it as a right.

Transportation by crossing the railway track is an illehgal act hence you cannot claim any rights including easement rights niether you can seek direction to demolish the wall constructed by railways in their property for their own safety for operating the railways safely. 

kavksatyanarayana (subregistrar/supdt.(retired))     23 February 2025

It is a repeated query that is replied to in the expert's column.

Sudhir Kumar, Advocate (Advocate)     23 February 2025

The land along some distance alongwith both sides o railway track is railway propert y.  Such territory is also marked by small pillars about a feet above ground.Railway cannot be stopped from fencing their property

Dr. J C Vashista (Advocate )     24 February 2025

Railway is well within their right / jurisdiction to block such illegal passage.


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