Bengaluru: After a shocking incident last month where a train with passengers was seized following orders by a civil court, the High Court on Wednesday directed lower courts not to issue orders for attachment of railway engine, bogie or other railway equipment which are in motion.
It may be recalled that last month, 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.
The Railways had raised serious objection to the manner in which courts were issuing warrants to attach engines in service. It said, this not only causes hardship to the Railways but also to the public, causing disruption of other trains and their movement.
Assistant Divisional Engineer, South Western Railway (SWR), Chitradurga, 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 A S Bopanna 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.
