MARGAO
The government and the South Goa district Collector has come under the scanner in the wake of Rail Vikas Nigam Ltd’s decision to postpone the work of laying the double track at the Davorlim railway crossing on November 9.
Till Friday evening, the district Collector, South Ajit Roy has not withdrawn his October 26 order authorizing the railways to close the road at the three level crossings, including Davorlim on November 9.
In fact, while the RVNL’s decision on the postponement of the work of laying double track at Davorlim on November 9 at 00.00 hours to 05.00 hours has been communicated to the office of the South Goa district Collector, the order dated October 26 issued by the Collector has not been withdrawn till date.
In fact, even senior officials in private say the validity of the district Collector’s order on closure of road at the Davorlim railway crossing will come into force on November 9 for five hours between 00.00 hours to 05.00 hours, whether the railways take up the work or not unless withdraw.
Why the government has not directed the South Goa district Collector to withdraw his October 26 order in the light of the decision by RVNL to postpone the planned work sounds baffling.
Sources in the know say the RVNL’s decision to postpone the work of laying the double track at Davorlim railway crossing due to operational constraints till further notice does not in any way affect the legality of the Collector’s order, implying that the railways can still go ahead with the work unless the Collector’s order is withdrawn. “The RVNL’s letter dated November 5 to the district Collector talks about postponement of the work due to operational constraints till further notice. The further notice could even mean that the RVNL can take up the work on Sunday night at the Davorlim level crossing even at short notice as the Collector’s order remains valid from 00.00 hours to 05.00 hours on Monday”, sources said.
City-based lawyer and Constitutional expert, Adv Cleofato Coutinho was of the opinion that nothing stops the railways from going ahead with the planned work at the Davorlim railway crossing on the date and time as mentioned in the district Collector’s order. “A press note or letter addressed to the district Collector by RVNL does not prevent the railways from taking up the planned work on November 9 by giving a short notice to the Collector”, Adv Coutinho said, adding that the work cannot take place only in the event the Collector withdraws or revokes his order dated October 26.
Collector’s order read as follows
I, Ajit Roy, IAS, District Magistrate South Goa, Margao, do hereby order under Section 115 and 116 of the Motor Vehicle Act., 1988 (Central Act of 1988) read with Govt. Notification No.5/28/88 TPT (PART) dated 26h September, 1989 for temporary closure/blockage of road for cutting the existing road and making the LC motorable for plying of vehicle and diversion of traffic as per the site location as mentioned above for laying of double track subject to compliance with the list of conditions:
RVNL’s letter to the district Collector....
The level crossing work permission at Davorlim for execution of track laying work was obtained from your office vide order No. 37/128/2008/MAG/12392 dated October 26.
However, due to operational constraints, the work on November 9 is postponed till further notice.
