I want to file a civil suit against state as well as central govt. regarding traffic jam at railway crossing which is situated at a prime location i.e. near the main market of city.I think smooth traffic is right of every citizen & it is duty of govt to maintain smooth traffic in city,there is always remains traffic jam surrounding the main market this problem is due to railway crossing as well as due to undisciplined traffic & non posting of traffic police at this place.plz guide me under which section/law/provision i can file suit for direction to administration for maintaining smooth traffic in city.Thanks
Well the proper channel is to make an application to the administration authorities for their assistance. Writ Petition for mandamus or PIL may also be filed for the same purpose but their is every probability the same may be dismissed with heavy cost for the waistage of court time. It is purely administrative duties. So follow proper channel.
Vinodji, Usually Courts do not interfere in policy matters of the Government. Hence you along with resident/welfare associations may take up the matter with elected representative of you constituency, concerned ministry of the state government, lobbying will provide good result. You cannot expect quick results that too in case of ROB (road over bridge). A portion of the bridge over the railways tracks are usually constructed by the railways and the state highways department connect the remaining portion. Hence Railways and State Highways Department has to act cogently. Railways have norms like volume of traffic in the said level crossing gate and priority will be given by railways where there is heavy volume of rail traffic. So think twice before going to Court with public interest litiation, since there is every possible of Court viewing you petition as publicity interest litigation.