Courts barred from attaching railway equipment on moving trains

Published: 17th November 2016 02:41 AM  |   Last Updated: 17th November 2016 06:47 AM   |  A+A-

By Express News Service

BENGALURU: The High Court on Wednesday refrained lower courts from issuing orders for attachment of railway engine, bogie or other railway equipment which are in motion.
This was in view of the serious objection raised by the Railways to the manner in which courts were issuing warrants to attach engines in service. This not only causes hardship to the Railways but also to the public, causing disruption of other trains on tracks, it contended.
Hearing the petition filed by the Assistant Divisional Engineer, South Western Railway (SWR), Chitradurga, Justice A S Bopanna passed the order on Tuesday.  

SWR had challenged an order dated February 4, passed by the Principal Civil Judge (Senior Division), Chitradurga, directing authorities to seize a train due to delay in payment of compensation to people whose lands were acquired for a railway project.
Justice Bopanna however made it clear that the courts shall not feel restrained to issue any other sort of order for recovery of the amount to the decree holders before including the attachment of other railway properties.

It may be noted that on October 23, the Hubballi-Mysuru inter-city train was seized following orders by a civil court, due to delay in compensating two farmers whose lands the railways took over 15 years ago to lay lines from Chitradurga station.

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