This PIL challenged the decision to deviate from a proposed railway route passing through Aurangabad. The Court held that route selection and viability assessments are executive functions. Since the railway project was found non-viable, the Court refused to issue directions.
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.
7-PIL-100-13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO. 100 OF 2013 WITH CA/1617/2014 AND CA/3346/2015 IN PIL/100/2013
Omprakash Motilal Varma VERSUS
..PETITIONER
Union of India and Others
..RESPONDENTS
Ms. P.S. Talekar, Advocate for petitioner and for intervenor in CA/1617/14 and for applicant in CA/3346/15. Mr. M.N. Navandar, Advocate for respondents.
CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ. DATED : 22nd OCTOBER, 2018
ORDER :
Under this Public Interest Litigation, the petitioner assail the
decision of the respondents of finalization of survey work reconnaissance engineering cum traffic of Solapur – Jalgaon (450 kms.) new line submitted to the Central Railway Board on 30th June, 2012. The petitioner seeks further directions to conduct techno-economic survey of Solapur – Jalgaon new railway line as proposed earlier going through Aurangabad.
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tourists as well as revenue point of view. Waluj M.I.D.C. Industrial Area and the new five star Shendra Industrial Area finds place in Aurangabad city. Therefore, it is necessary to direct the respondents to conduct techno-economic survey of Solapur – Jalgaon new railway line as proposed earlier going through Aurangabad. The respondents have decided to finalize the survey work reconnaissance engineering cum traffic of Solapur – Tuljapur – Osmanabad – Beed – Jalna – Ajanta - Jalgaon (400 kms.) new line, thereby deviating from the earlier route which would pass through Aurangabad. Said action of the respondents is arbitrary and causing injustice to the citizens of Auragnabad. The respondents have not adhered to their own Code for Engineering Department issued by Government of India, Ministry of Railways. The respondents cannot act as per their whims and fancies.
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( R.G. AVACHAT, J. ) ( S.V. GANGAPURWALA, J. )
SSD
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1 issue framed by the court
Whether the Court can direct the Ministry of Railways to conduct a survey for a railway route found to be non-viable by the Department.
1 provisions across 1 enactments
Omprakash Motilal Varma
Union of India
S.V. Gangapurwala
R.G. Avachat
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
