Challenging a G.R. excluding commercial milk producers from a fodder depot policy, the court held the exclusion served public interest by benefiting the poor, dismissing the PIL as misconceived.
Public Interest Litigation dismissed as the policy is consistent with public interest.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 51 OF 2012
Sunil Sukhdev Date .. Petitioner
Vs
The State of Maharashtra & Anr .. Respondents
Mr. Machhindra A. Patil for the Petitioner
Mr. S.N. Patil, AGP for the State
CORAM : D. D. SINHA &
SMT. V.K. TAHILRAMANI, JJ
DATE : 28th MARCH, 2012.
P.C.:
1. Heard the learned counsel for the respective parties.
2. The petitioner is challenging the validity of the Government Resolution dated 6th January, 2012 issued by respondent no. 1. Vide G.R. dated 6th January 2012, it has been decided to establish fodder depot in the areas mentioned therein and benefit of the policy is not to be extended to the farmers who are irrigating land or the persons who are producing milk products for commercial purpose as well as the institutes which are also involved in these activities.
3. Considered the contentions canvassed by the learned counsel
1 of 2
and perused the policy of the Government. It is evident that the policy of the State Government declared by G.R. dated 6th January, 2012, particularly Clause 1 of the same, undoubtedly, is in the interest of poor people whereas well to do agriculturist and those who are involved in production of milk and milk products are excluded from the benefit thereof. It is, in these circumstances, in our view, the policy is consistent with the public interest and hence, the present PIL is misconceived and the same is dismissed.
[ SMT. V.K. TAHILRAMANI, J ]
[ D. D. SINHA, J ]
Amberkar
2 of 2
1 issue framed by the court
Whether the Government Resolution excluding commercial milk producers and irrigated land farmers from fodder depot benefits is consistent with public interest.
Sunil Sukhdev
The State of Maharashtra
D. D. Sinha
V. K. Tahilramani
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
