The Jharkhand High Court has declined to direct the construction of a Road Over Bridge (ROB) between Lalgarh Bihar and Panjarikala villages in Palamau district. However, the Court directed the Railways to complete the ongoing Limited Height Subway (LHS) project within four months, if the work remains unfinished, and ensure that flooding does not prevent villagers from using it safely.
Background
The petitioner sought directions requiring the authorities to construct a manned railway level crossing or a Road Over Bridge. The society argued that villagers, including schoolchildren, faced safety risks while crossing the railway tracks. It also submitted that the existing subway was frequently flooded during the monsoon, making it difficult to use.
The Railways informed the Court that construction of a Limited Height Subway had already begun between Lalgarh Bihar railway station and Panjarikala. It explained that a new level crossing was inconsistent with its policy and that an ROB would require financial participation from the State Government, which had not committed the necessary funds.
The Bench observed that deciding whether an ROB or a subway was the appropriate solution required technical expertise. The Court found limited scope to override the Railways' assessment of the site and its applicable policies.
The Court noted,
“These are all policy matters or in any event, matters to be decided by the experts in the field and there is really very limited scope for this Court to second guess the opinion of the experts in this arena.”
However, the Bench emphasised that constructing a subway would serve little purpose if flooding made it unusable.
The Court observed,
“Therefore, though we are not issuing the mandamus sought for by the petitioner in this matter, we firstly direct that if the construction of the LHS is not complete, then, it must be completed as expeditiously as possible and in any event within four months from today.”
The High Court directed the Railways to take all necessary measures to address flooding at the subway and ensure safe passage for villagers and schoolchildren. It ordered the Railways to file a compliance affidavit by March 12, 2027, with an advance copy to the petitioner's counsel. The matter was directed to be listed on March 18, 2027, to consider compliance.
The petition was disposed of without costs.
Case Details
Case Title: Lalgarh Welfare Society v. State of Jharkhand & Others
Case Number: W.P. (PIL) No. 613 of 2024
Bench: Chief Justice M.S. Sonak and Justice Manoj Prasad
Decision Date: October 15, 2026
