Petitioners seek a writ of mandamus to alter the approved elevated metro line plan in Mumbai. Court declines to entertain the PIL but permits representation to authorities.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.47 OF 2011
The St.Lawrence High School & Ors. ...Petitioners
vs.
The State of Maharashtra
and others
...Respondents
None for the Petitioners
None for the respondents
CORAM : A.S.OKA, &
A.S.GADKARI, JJ.
DATE : OCTOBER 28,2014
P.C.:
1When the petition was called out in the morning
session, none appeared for the petitioners. When
the petition is called out in the afternoon session,
none appears for the petitioners.
2By this petition a writ of mandamus is sought
directing the respondents to alter the approved plan
of the elevated metro line in the city of Mumbai.
The only substantive prayer is prayer clause (A)
wherein aforesaid writ of mandamus is sought apart
from seeking a direction to the Respondents to
consider the objections and suggestions made by the
petitioners and the other stakeholders.
3The finalization of the route of elevated metro
line is a matter of policy. Therefore, the
petitioners before seeking a writ of mandamus from
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this Court ought to have made a representation to
the concerned Authorities which are empowered to
take a policy decision. There is no averment made
in this petition that the petitioners sought justice
by making a representation to the concerned
Authorities and that the representation has not been
acted upon.
4We, therefore, decline to entertain the PIL.
While we dispose of the PIL, we permit the
petitioners to make a representation to the
appropriate Authority. If such representation is
made, the same shall be decided in accordance with
law.
The St.Lawrence High School & Ors.
The State of Maharashtra and others
A.S.OKA
A.S.GADKARI
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