A commercial court here on Monday ruled that the Alkapuri underpass near Vadodara railway station belongs to the Indian Railways and directed the Vadodara Municipal Corporation to pay the railways ₹1.19 crore, and ₹68 lakh in interest, for unauthorised commercial exploitation of railway property.
The order came in a suit filed by the railways in 2008, claiming that VMC had illegally generated revenue from leasing out advertising rights for the walls of the underpass, which is railway infrastructure.
Built in 1875, the Alkapuri underpass is a key road link between the western and eastern parts of the city and sees heavy traffic.
The court also restrained the VMC from leasing, licensing, advertising or allowing third parties to use the structure, its walls or adjoining areas without written permission from the railways.
“The upper part of the structure, its supporting walls and the surrounding open land are essential parts of railway infrastructure,” the railways said, adding that the VMC had treated the property as its own and initiated steps to use it commercially. In 2004, bids were invited, and the property was leased to a private agency for 10 years.
Anil Desai, district govt pleader and the advocate representing the railways, said, “Despite a 2016 agreement with railways, to use the space for public awareness campaigns, VMC continued to use it commercially.”
He noted that VMC had acknowledged railway ownership when seeking permission for beautification under the Smart City project.
“The defendant shall remove all unauthorized hoardings, advertising boards and installations affixed on the culvert structure within 60 days from the date of decree,” the court said in its final order on Monday.
