The High Court disposed of a public interest litigation concerning water vending by railways. The court noted a pending Supreme Court interim order and held that no further action was required at this level.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 210 OF 2015
Lopesh Shantilal Vora
… Petitioner
Versus
Union of India and Ors.
... Respondents
Mr. Rui Rodrigues a/w Mr. Abhishek Tripathi for the petitioner.
Mr. Anil Singh, Additional Solicitor General along with Mr. Suresh Kumar, Sangeeta Yadav for Union of India, respondent no.1.
Ms. Usha Shrivastava i/by Consulta Juris for respondent no. 5.
Mr.T.J.Pandian for respondent nos. 2, 3 and 4.
CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ. DATED : JUNE 10, 2016.
P.C.
Parties through their counsel.
we find that the Supreme Court in the Special Leave Petition No.3249 of 2016 while considering I.A. No. 3/2016 vide order dated 13.5.2016 has passed the following order :
“ Application for exemption from filing official translation is allowed.
We have heard Shri. Raju Ramchandran,
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learned senior counsel for the applicant/petitioners and Shri. Ranjit Kumar, learned Solicitor General.
We have taken into account the reports of analysis of the packaged/bottles water with the brand name”Rail Neer” filed along with this application, which would go to show that the analysis of the samples were found to be substandard and not in conformity with the required parameters. The details of such analysis are mentioned in the said reports.
We have also considered the reply filed on behalf of the Indian Railway Catering & Tourism Corporation Limited (I.R.C.T.C.) and the counter reports filed along with it which indicates a contrary position.
We have also taken note of the submissions advanced by the learned Solicitor General that insofar as one sample is concerned, the same was analyzed after the date of expiry of the product, which fact is, however, disputed by the applicants/petitioners.
Taking into account the totality of the said facts, we direct that the operation of the circulars bearing No.BB C.159 Co Catg. Policy PDW Dated 13th October,2015 and 17th October, 2015 will not come in the way of the catering/vending licensees in Mumbai Division to stock up and deal with other brands of packaged/bottled water, in addition to “Rail Neer”, such of which are approved by the zonal railways.
This order will remain in effect until the next date fixed, i.e. 5th July, 2016.
Counter affidavit(s) by the respondents in the special leave petition be filed on or before the next date.
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List the matter on 5th July, 2016.”
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application seeking intervention in the matter which is pending before the Supreme Court.
Petition is accordingly disposed of.
(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)
1 issue framed by the court
Whether further orders are required in a PIL regarding water vending compliance while the matter is pending before the Supreme Court.
Colour shows how this judgement treated each authority
Special Leave Petition No.3249 of 2016Referred¶19
Lopesh Shantilal Vora
Union of India
Shantanu Kemkar
Makarand Karnik
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
